Man Injured by Falling Tree Limb
On July 14, a man was injured while attending the Summerfest in Elk Grove when a large tree limb fell on him. According to another man who was nearby when the incident happened, he heard the loud crack of the limb breaking and spotted the man lying prone on the ground and unconscious. The tree limb was about 40-feet long.
Further Details
The good Samaritan said that he had served in the Air Force as a medic and tended to the man injured by the tree limb, keeping his condition stable until the arrival of paramedics. After their arrival, the injured man was rushed to a nearby hospital for emergency surgery. His daughter reported that her father had suffered multiple injuries from the accident but is expected to recover.
Dangers of Falling Tree Limbs
Steve Johnson, who is the owner of a local tree service, said that trees in the area are brittle because of the combination of drought and rain from last year. He stated that the water from the rain comes up into the limbs, weighing them down. With the heat, the limbs expand and they split, causing them to break. Usually, horizontal limbs are the problem, but in this instance, it was a vertical limb that broke and fell. The tree service owner said that it might take one to two years for the trees to regain their former strength.
Similar Tree Accident
Another accident involving a tree recently occurred in Stockton. The homeowner said it sounded like either a train or earthquake when the trunk of an oak tree exploded nearby. The explosion caused a branch to pass through a house’s wall and scattered debris throughout the yard.
Property Owners Responsibility to Maintain Trees
It is the responsibility of a property owner to maintain trees in such a way as to avert dangerous consequences such as falling limbs, which can cause serious injuries if not attended. When someone is harmed due to a falling branch or tree, they might be eligible to be compensated for the financial impact of their injuries. This is particularly true if trees on the property are diseased or dying. In such cases, the tree needs to be treated or removed. However, it is not the only disease that can lead to problems. As in the accident described above, a combination of weather conditions such as extreme drought and excessive rain can weaken trees, causing further problems. The owner who neglects their duty to inspect and remove hazardous trees becomes responsible under premises liability laws, allowing an injured person to be compensated.
Falling Trees in Public Places
Public parks and other venues with trees or shrubs are under the same obligation to inspect and maintain them. The only difference is that instead of a private owner, the city, state or federal government owns the property. If a person is injured by a falling branch or tree in a public area, they also have the right to be compensated. One caveat is that the length of time the injured individual has to file a claim is different. For most personal injury lawsuits in California the duration of time to file, known as the statute of limitation, is two years. If the lawsuit is filed after this time, in most cases, the lawsuit will not be heard.
Personal Injury and Government Entity
With government ownership, the length of time to file a personal injury claim is six months. Within this time, an administrative claim must be filed with the government entity. The government has six months to respond. If they deny the claim, the injured party has six months to file a lawsuit. In the event that there is no response to the administrative claim, a lawsuit needs to be filed within two years.
Elk Grove Personal Injury Lawyer
I’m Ed Smith, an Elk Grove personal injury lawyer. If you have been injured on private or public property due to a falling tree or limbs, call me at (916) 694-0002 or (800) 404-5400 for free and friendly advice. If it is more convenient for you to contact me online, use my contact us page.
I’ve helped numerous residents of Elk Grove and the Northern California area with injuries due to many types of accidents, wrongful death, and traumatic brain injury.
I am a member of the Million Dollar Advocates. This nationwide forum represents top-ranking trial attorneys who have won in excess of $1 million for a client.
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Photo Attribution: https://pixabay.com/en/person-woman-man-couple-together-3519503/
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