Yes, You Can Sue If A Tree Branch Falls On You
Tree limbs can be surprisingly heavy and can fall suddenly. The weight of a tree can be enough to crush a car or cause a serious injury or fatality for an individual. If you are enjoying a public nature preserve when a tree branch hits you, you can't exactly sue Mother Nature. But if the tree belongs to someone, that individual did not take reasonable care of the tree and the branch fell and hit you, consider filing a lawsuit.
Suffering an Injury During Tree Maintenance
The reason the tree branch fell can affect your liability case. When working on a tree, the individual must warn you that there is a potential danger, establish a proper work zone and use the correct procedure for removing a tree branch. If that individual fails to do so and the tree branch falls and injures you, ask a personal injury attorney like one from Walsh Fewkes Sterba about whether you have a case.
Being Injured By a City Tree
Cities are responsible for caring for their trees and for selecting trees that are less likely to injure passersby. If you are injured by a falling tree branch from a city tree, you may not know who you should file a lawsuit against. Contact a personal injury attorney and he or she will perform an investigation to find out who is liable for your injury.
Tree Injuries on Private Property
A property owner, such as a homeowner, is responsible for making sure that his or her trees are properly maintained. If a tree branch dies, it is more likely to break and fall unexpectedly. Property owners are responsible for inspecting their trees or hiring tree services to identify when a tree branch has become damaged and will need to be removed. Even if the property owner isn't able to correct a branch right away, he or she is responsible for warning others of the existing danger. Other parts of the tree can also cause a personal injury. For example, a tree root can cause you to trip and suffer an injury.
You will need to clarify exactly what damages you suffered. This can include any medical bills resulting from your stay at a hospital after a fallen tree branch, lost wages and any traumatic experiences you may have had. By identifying the individual responsible for the tree, proving that the tree was not properly cared for and connecting the fallen tree branch to your financial damages, you'll be more likely to be awarded compensation.