Orange County Falling Tree Injury Attorney
Experienced Falling Tree Injury Lawyers Serving Orange County, California
If you or someone you know gets hurt in a falling tree accident, you can sue the property owner or a responsible entity for maintaining and controlling the property for your injury or damage. Falling tree accidents ideally come under the category of premises liability.
Various factors may affect who must be held liable when someone gets injured by a falling tree branch. Some of these factors include:
- Where did the injury take place
- Whether the tree was on a private or public property
- Who is responsible for maintaining the tree
- If the injury occurred as a result of carelessness
Premises liability allows all falling tree accident victims to hold property owners or managers liable for any injuries on their property. A professional Orange County falling tree injury attorney can help you file a claim because it’s the property owner’s responsibility to maintain their vicinity safely.
It’s often referred to as duty of care and is ideally owed to another person in a situation where a person may be injured due to someone else’s actions or inactions. A breach of this duty occurs when an individual, like the property owner or manager, doesn’t act as prudent or reasonably as someone else would under similar circumstances.
Holding Private Property Owners Responsible For Falling Tree Branch Injury
It is a critical part of a property owner’s duty to ensure their property is safe for anyone lawfully on it. It also includes ensuring all trees are well maintained. The scope of their duty generally depends on the kind of property involved. An excellent example of this would be how a vast, remote, heavily wooded land would have a different safety standard than a residential property.
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You cannot expect the owner to maintain all the trees and remove every dead branch on a large tract of property. However, it is reasonable for you to expect the owner to keep the trees on their residential lot. You must establish liability if you wish to hold the property owner accountable for any injuries caused by a tree on the defendant’s property. If you want to prove negligence in a claim, you must:
- The defendant had a responsibility to maintain their property in a safe condition
- The defendant breached their duty by failing to correct or warn of the dangers on their property
- The defendant understood or should have known about the dangers
- If the injuries were caused by the owner’s failure to maintain safety on their property
However, if the tree that caused the accident is located on public property, the problem can become even more complicated. Suppose you get injured on public property like a children’s park. In that case, your Orange County falling tree injury attorney must prove that the local entity or government failed to maintain the property in a safe condition correctly. Or that they could not rectify or warn the public of dangers that the government was aware of (or should have known) existed on the property.
Do You Need an Attorney for a Falling Tree Branch Injury?
If you ever get injured by a falling tree branch, whether on public or private property, you must immediately consult with an experienced and knowledgeable Orange County falling tree injury attorney. A skilled personal injury lawyer can help you learn more about preserving your rights and filing a claim.
Moreover, a lawyer can review all the facts involving your injury and inform you about who must be held accountable for your injury or damages. Finally, an attorney will file a lawsuit on your behalf and represent your case in court if required.
Contact Aitken Aitken Cohn Attorneys Today!
The Aitken Aitken Cohn team of Orange County personal injury attorneys have extensive training and experience handling personal injury claims. Since all our attorneys know what to expect in such cases, we can easily guide you through the process. With our help and legal expertise, you can obtain the compensation you deserve. Call us today at 714-434-1424 to get your free consultation.