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Whether or not you can sue the city or county will depend.

When you file a lawsuit to receive compensation for a fallen tree, you must prove that the tree fell because it was damaged or diseased. Trees that fall as the result of natural disasters, including storms, are not the fault of your neighbor. If you or a family member were hurt by a falling you tree, you may be wondering if you can sue the property owner for damages? To win a premises liability case involving a fallen tree, you will need to prove that the landowner breached the duty of care owed to you, and that the injuries caused to you were a foreseeable and likely result.

Jul 03, Failure to solve the issue, resulting in a tree falling and causing injuries, is grounds for a premises liability claim. Government agencies. If you were camping when a tree fell and caused your injury, you may have a claim against the park owners.

If the park is public property or state-owned, this will take the form of a government claim. Unless the fallen tree was an act of God such as lightning strike, you likely have grounds for a claim Estimated Reading Time: 5 mins. Sep 09, When a person is injured by a falling tree branch, there are many different factors that can affect who will be held liable. This could include: On whose property the injury took place; Whether the tree was on public or private property; Who was responsible for maintaining the tree; and/or.

Whether or not the injured person was acting carelessly. If you are hurt in a tree accident, you may be able to sue Author: Travis Peeler. If A Tree Falls (Can I Sue?) Yes, Of Course (But You May Not Win!) Rosemarie Russo and Joseph Ostrowsky sued their abutting neighbor, Kenneth Jay, in Small Claims court.

In West Virginia, you have two years to file suit.

Jul 11, You probably can't sue if you're struck by lightning, but you may be able to sue if a tree falls on you while camping.

At first blush, both may seem like random acts of God. However, while lightning strikes are probably completely unpredictable and happen in an instance, the fact is that trees usually take some time to fall and there are steps that a park can take to prevent injury.

This is true if the tree fell over due to an act of nature. For example, a healthy tree that falls over during a tornado, hurricane, wind storm or winter storm would not be the responsibility of the homeowner. Since the homeowner living on the property where the fallen tree was rooted did not intentionally push the tree over, nature is responsible.

The Robinette Legal Group is exclusively a personal injury law firm, so our office only handles tree-hazard litigation when a person has been either seriously injured or killed by a falling limb or tree. We do not take on property damage claims if no bodily injuries have resulted from the falling tree. Jun 26, if a tree falls on my car is the city liable for the damages Property owners and landlords have dozens of responsibilities, and keeping guests and tenants safe is a top priority.

This includes correcting issues occupants may run into on public property, like a spill or a faulty railing at city hall. If you are renting a house or apartment and you slip and fall on your landlord's premises, either inside or outside, can you hold your landlord liable for your injuries? The answer depends on where and why you fell. Read on to learn more. (Get the basics on making a.

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