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17 June 2016 By James Johnson 0 comments

Who is Liable for Injury or Fatal Accidents Involving Trees?

Toppled tree 1People are injured and killed by massive falling trees throughout the United States.

This can happen when you are driving a vehicle, walking or even inside your own home.

Johnson Attorneys Group has experience handling claims against negligent property owners, businesses and government entities. Here’s what you need to know to protect your legal rights.

TREE ACCIDENTS

Trees are used to beautify landscapes, sidewalks, public parks and medians in roads, but there can be deadly consequences if they are not properly maintained by their owners. Regular maintenance is crucial to ensure that branches down fall down onto people’s heads or into their path on the roadway. Nicki Carano, 48, of San Diego was killed by a falling tree while driving her car in Pacific Beach in January 2016.

A tree owner is required to ensure there is no threat to public safety by treating or removing a diseased or rotted tree.

Storms can cause already weakened trees to be uprooted and topple. People have been killed when their vehicles were crushed by massive trees during stormy weather or due to root rot or diseased trees.

The root system underneath a tree can also be hazardous or dangerous condition for pedestrians, bicyclists and joggers by causing a trip and fall accident.

WHO IS LIABLE FOR A TREE INJURY OR DEATH?

The person or entity that owns and is required to maintain a tree can be held liable for physical and property damage caused by it. Taking legal action against a property owner for their hazardous tree may be an uphill battle without the help of an experienced tree attorney.

One of the first battles may be figuring out who owns the tree? There are cases where cities and private property owners will both deny ownership and records must be pulled to determine the rightful owner. Typically, the location of the tree trunk will determine who owns a tree, but these matters can get quite complex.

Johnson Attorneys Group can help by offering a free consultation to those injured or families of those who have lost a loved one in this type of accident.

Call us for a free and comprehensive case evaluation at 800-235-6801.

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