If you're injured by a tree that falls on private property, do you have a premises liability claim?
The answer to this question is not always clear.
In general, a premises liability case may be filed against a landowner if they fail to manage their property in a way that a reasonable person would with respect to the likelihood of causing injury to others.
However, there are some exceptions to this rule. In this blog post, we will discuss the basics of premises liability law and help you determine whether or not you have a valid claim.
Premises Liability for a Fallen Tree on Private Property
When it comes to premises liability for a fallen tree on private property, the first thing you need to do is establish that the landowner owed you a duty of care. This duty of care varies depending on your relationship with the property owner.
For example, if you are an invited guest on the property, the owner owes you a higher duty of care than if you are a trespasser.
The next thing you need to show is that the landowner breached this duty of care. This means that they failed to take reasonable steps to prevent or mitigate the risk of injury.
Finally, you must show that this breach of duty resulted in your injuries.
Generally, to prevail against a private landowner for a fallen tree that caused injury, it will be necessary to prove the landowner knew or should have known the tree posed an unreasonable risk of harm. Even if landowners and property managers are not tree experts themselves, they should periodically hire a certified arborist to perform a tree risk analysis for the property as part of the reasonable maintenance of the property.
We Can Help with Your Fallen Tree Case
If you're not sure whether you have a viable premises liability claim after suffering an injury due to a fallen tree on another’s property, it's important to speak with an experienced personal injury attorney at Greene Broillet & Wheeler, LLP. We can review the facts of your case and help you determine the best course of action.
Contact our office today to schedule a free consultation. We would be happy to answer any questions you may have about premises liability claims and help you decide if filing a lawsuit is right for you.
Call our Los Angeles attorneys at (866) 634-4525 or contact us online to get in touch with someone from our team about the details of your case right away. We will fight to recover your full and fair compensation.