Injuries from Falling Trees in Los Angeles

California Attorneys Committed to Holding Property Owners Accountable

Although falling trees are often viewed as the unavoidable consequence of a storm or other weather event, the truth is that property owners are responsible to maintain the trees on their land and ensure that they do not pose a substantial hazard to others. While it may seem unusual, injuries from falling trees or branches are fairly common, especially in cities like Los Angeles that have cut funding for tree maintenance.

If you or a loved one has been injured by a falling tree, our skilled lawyers at Greene Broillet & Wheeler, LLP to learn how you can hold a city, public entity, or individual property owner accountable for failing to maintain trees. With over 100 years of experience in premises liability law and other areas of personal injury, our committed team will help you navigate the process of filing a claim for your losses.

For more information on our legal practice, call (866) 634-4525 or contact us online today. We can serve clients throughout Southern California and beyond. 

Proving a Premises Liability Claim for Falling Trees

In severe storms and weather events, it’s common for trees to become uprooted – and the property owner may not be able to prevent these kinds of accidents. However, property owners do need to maintain their trees and ensure that they are healthy, to reduce the risk of an injury from falling branches and debris.

If, for example, the owner of an apartment complex did not remove a tree it knew to be dead and a tree branch fell on someone, that owner could be held accountable for severe traumatic brain injuries under California law. Even some car accidents caused by falling tree branches can be linked back to property owner negligence.

When proving a premises liability claim, you will likely need to show the following to be true:

• There was a dangerous condition on the property (such as a dying tree) that presented an unreasonable risk of harm;
• The property owner knew or should have known about the dangerous condition;
• The property owner did not take reasonable action to warn a guest of the dangerous condition; and
• The dangerous condition caused the plaintiff’s injury.

Do I Have a Premises Liability Claim If I’m Injured By a Tree That Falls on Private Property?

Do you have a premises liability claim if you’re injured by a tree that falls on private property? The answer to this question is not always clear.

When it comes to premises liability for a fallen tree on private property, you first must 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 a guest on the property, the owner owes you a higher duty of care than if you are a trespasser.

Next, you need to show that the landowner breached this duty of care. This means 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, proving the landowner knew or should have known the tree posed an unreasonable risk of harm will be necessary. 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 reasonable maintenance.

Pursuing Compensation for Falling Tree Injuries

To win your personal injury case for a falling tree injury, you must prove that the other party acted negligently in some way. For example, if the tree was not properly maintained and it fell on you as a result, the property owner may be held liable.

The government entity responsible for maintaining the premises may be liable if the tree was on public property. To win your case, you will need to show that the other party knew or should have known about the tree’s dangerous condition and failed to take action to fix it. In addition, even if a public entity in California does not know about the dangerous condition due to failing to inspect a tree it owned or controlled, it can be held liable if a reasonable system reveals the defect causing the dangerous condition.

GBW Secures $19 Million Settlement for Family After Fatal Tree Collapse in Ventura: In a tragic wrongful death case stemming from a preventable tree failure, GBW’s Ivan Puchalt and Jenna Edzant obtained a $19 million settlement on behalf of a family against the City of Ventura and its tree maintenance contractor, West Coast Arborists. The case, profiled in the Daily Journal, stems from the collapse of a massive, decaying branch from a City-owned red ironbark eucalyptus tree that fell onto a man’s vehicle on November 21, 2021, fatally injuring him. The lawsuit alleged that both the City and WCA failed to properly inspect and maintain the tree, despite a known history of limb failures and visible signs of decay. The settlement acknowledges the devastating loss suffered by the decedent’s wife and four children, while also highlighting the ongoing public safety responsibilities that municipalities and their contractors bear in maintaining aging urban trees. Read more here.

Recoverable Damages in a Falling Tree Injury Case

There are a few different types of damages you may be able to recover if you win your case. These include:

• Medical expenses: You can seek reimbursement for all the medical treatment you receive due to your injuries, including hospitalization, surgery, medication, and physical therapy.
• Lost wages: If you have been unable to work because of your injuries, you can seek compensation for your lost wages.
• Pain and suffering: You may be able to recover damages for the physical pain and emotional suffering that you have endured as a result of your injuries.

A Tradition of Success in Premises Liability Cases

At Greene Broillet & Wheeler, LLP, we have recovered millions of dollars for clients injured by property owners’ negligence. While our previous success does not guarantee future results, we will fight hard to help you recover the compensation you need to cover your medical bills, loss of income, emotional damages and other damages caused by negligence.

At the end of 2012, a jury awarded $7.67 million to a man who was paralyzed when a city-owned palm tree in San Diego fell on his legs, causing paraplegia and a high risk of below-the-knee amputation. Greene Broillet & Wheeler, LLP partner Browne Greene was instrumental in showing that the city did not properly fund or maintain its property.

When you call us to discuss your case, the first thing we will do is evaluate your chances for recovery. We have the resources to investigate your accident and develop important evidence in your favor, including full-time on-staff investigators.

Whether you were injured by a falling tree in Los Angeles or a broken tree branch anywhere else in the state, we may be able to help. Call (866) 634-4525 or contact us online for a free consultation.