Fallen tree on top of gray house.

Who Is Responsible For A Fallen Tree Injury?

The last thing you’re thinking about while walking is having a tree limb fall on you and cause damage. While tree accidents are rare, they still affect hundreds of Americans each year. These types of incidents have the potential to cause damages that many victims may never recover from. If you’ve recently been a victim of a falling tree, know that you have the right to file a lawsuit against whoever’s responsible.

Common Scenarios Involving Fallen Tree Injuries

Almost every personal injury case involving a fallen tree fits into one of the following scenarios or locations:

  • Going outside during a severe storm
  • From private property
  • Poorly maintained public areas
  • Construction zones
  • Children’s playgrounds
  • Parking lots or commercial properties

Regardless of the circumstances, a fallen tree can result in serious injuries or even death in extreme cases.

When Is Someone Legally Responsible?

Unfortunately, getting hit by a tree may not automatically lead to a lawsuit. The level of responsibility depends on whether the person (or organization) was negligent in their actions.

For example, say you were walking in a public park and you were hit by an overgrown tree limb. In most cases, the city’s government is responsible for maintaining public places, including keeping them clean and free of debris, which includes cutting overgrown tree branches. Failing to maintain the park led to you getting injured, which could make the city legally responsible for your injuries.

This same situation could occur with your neighbor’s home, a business’s parking lot, or any other type of property. If you can prove they failed to uphold their duty of care, the courts may hold them legally responsible.

Who Can Be Sued For A Fallen Tree Injury?

Liability often depends on who owns or is responsible for the land on which the accident happened. Here are a few of the most common parties that could be held accountable:

Homeowners

Homeowners are legally responsible for maintaining trees on their property and keeping the surrounding areas safe. If you were struck by a tree while passing by, you might have a case against them. This is especially true if the homeowner hasn’t maintained it properly or someone has filed a report against them in the past.

Landlords

Unless they mention something in your contract, landlords have an obligation to keep common areas and outdoor spaces hazard-free. This includes cleaning and removing trees when appropriate. If they don’t and someone gets hurt, you may be able to hold them responsible for the incident.

Local Governments

Local governments have the responsibility to inspect public areas and maintain them in a clean and safe condition. Unfortunately, this isn’t always the case. Some places simply aren’t as well-maintained as others, which can lead to accidents. In this case, the government would be responsible for any damages.

Unlike private property owners, New York has strict guidelines you need to follow if you’re filing a case. You and your personal injury attorney need to file a Notice of Claim Form within 90 days, which is the period the state “waives” its sovereign immunity. Anything after the deadline will most likely be dismissed unless a court rules otherwise.

Ready To File Your Claim?

A falling tree injury can lead to serious, long-term consequences. Don’t miss this chance to get the compensation you deserve for your injuries. Our Long Island personal injury attorneys will help you build a strong case and hold the responsible party accountable for their actions. Please contact us at (866) 442-0513 to schedule a free consultation today.