Falling trees and branches can cause serious injuries, property damage, and even fatalities. Whether on public or private property, determining who is responsible for tree-related accidents in California can be complex. If you’ve been affected by a falling tree, you may be entitled to compensation for damages. In this blog post, we will explore tree liability laws, homeowner responsibilities, and legal options for victims.
Who Is Responsible for a Falling Tree?
Liability for falling trees depends on where the tree is located and whether negligence was involved.
Private Property Owner Liability
- Homeowners and landowners must maintain trees on their property to prevent hazards.
- If a tree was dead, diseased, or improperly maintained, the property owner may be liable for damages.
- If a healthy tree falls due to natural causes (storms, earthquakes), the owner may not be held responsible.
Government or City Responsibility
- If a public tree falls (from a park, sidewalk, or city property), the local government may be liable if it failed to maintain the tree properly.
- Victims must file a government claim within six months of the incident to seek compensation.
Legal Claims for Falling Tree Damage
If a falling tree damages your property or causes injury, you may have legal options.
Filing an Insurance Claim
- Homeowners’ insurance may cover damages caused by falling trees.
- If a neighbor’s tree falls onto your property, their insurance may be responsible for covering damages.
Filing a Lawsuit for Negligence
- If the property owner knew or should have known the tree was a hazard, they can be held liable for negligence.
- Victims may seek compensation for medical bills, property repair, lost wages, and pain and suffering.
How to Prevent Tree-Related Liability
- Regularly inspect and trim trees to prevent hazardous conditions.
- Hire a certified arborist if trees show signs of disease or instability.
- Report dangerous public trees to local authorities.
Falling trees can cause serious damage and injuries, and liability depends on property ownership and negligence. If you have suffered damages due to a falling tree, Law Advocate Group, LLP can help you understand your legal rights and pursue compensation. Contact us today for a consultation.
