Modesto Tree Accident Lawyer
Our Northern California law office has helped many people who were injured when they were hit by falling trees and branches. Personal injury cases that involve tree accidents are complex and present many challenges. Our firm has the expertise and experience needed to successfully navigate those complexities. Property owners who fail to inspect and maintain their trees should be held accountable if their negligence injures others.
Whether you were injured on private or public land, our firm can help you receive monetary compensation for your injuries and damages. Be aware that if your injury occurred on public or government property, the period you must act to preserve your rights is extremely short. Because there are so many twists involved in tree accident lawsuits, you must seek legal counsel soon after any tree-related injuries are suffered by you or someone you love.Modesto Trees Can Bring Danger Along with Majestic Beauty
Modesto trees, not unlike trees in other hot, dry areas of the country, can fall or drop branches with no warning - especially during the arid summers in our region. These spontaneous limb drops can cause property damage, injuries, and sometimes tragic deaths.
Modesto is home to an extensive urban forest. The area is also prone to drought. Even when it is not a drought year, the summers are long, hot, and dry. This type of climate presents a heightened risk of falling trees since dry conditions and summer winds make trees prone to breakage.
Since 1982, our law firm has expertly handled complex personal injury matters, including numerous severe injury cases caused by tree accidents. We have extensive knowledge regarding what steps to take to best present your case if you are injured by a falling tree or branch.Falling Trees: Common Types of Injuries
Unfortunately, many of our office's tree accident cases have involved catastrophic and disabling injuries. This is not surprising considering the great weight of trees and their branches, the speed at which they can fall, and the force of impact. Human bodies are not built to withstand such forces. Some common injuries caused by tree-falling accidents are:
- Severe Back and Neck Injuries
- Skull Fractures
- Broken Clavicle (Collarbone)
- Fractured Ribs
- Other Bone Breaks
- Internal Injuries
- Traumatic Brain Injury
Falling trees and tree limbs often strike an unsuspecting passerby in the head. Any such significant blow to the head can result in traumatic brain injury (TBI). The severity of TBI falls on a spectrum. A sufferer of a mild TBI may recover successfully within a few months. Still, a severe brain injury often results in permanent disabilities and a significant decrease in the quality and enjoyment of life.Compensation for Personal Injuries Caused by Modesto Trees
If you or anyone you love has been injured due to a tree falling or dropping branches, contact us for a free case evaluation. You could be entitled to monetary damages as a result of those injuries.
Categories of monetary damages that could be available to you if you have suffered tree accident-related injuries include:
- Economic: Includes medical bills and any future expected medical expenses. Any wage loss or potential future loss of earnings would also be included in this category.
- General (or Noneconomic) Damages: This category includes reimbursement for the pain and suffering that resulted from your injuries. It also includes the loss of enjoyment of your life.
- Loss of Consortium: Legal spouses of an injured person may be able to recover compensation for the negatively altered marital relationship.
The California Civil Code determines the owner of a tree that exists on private property, and it is determined by where the tree trunk is located. Branches, leaves, and limbs are irrelevant in determining a tree owner. If the tree trunk stands fully within one landowner’s property lines, it is his or her tree. However, if a trunk spans adjacent plots, the owners of each plot jointly own the tree.The Duties of a Tree Owner
An owner of private property is responsible for the maintenance of the trees on his or her property. If the owner knew or should have known that a tree presents a dangerous condition and did nothing to remedy that dangerous condition, the owner is responsible for damages if the dangerous tree ends up causing injury to another person.
As a homeowner, you may not want to pay for a certified arborist to inspect your trees but think of it as a sound investment. Well-maintained trees are less likely to cause injuries or property damage, so regular inspection and maintenance can protect your assets.Proving That a Tree Owner Knew of the Dangerous Condition
There are two legal concepts under which a property owner can be found negligent for their tree, causing injury. The first is called Actual Knowledge, and it is pretty self-explanatory. If a property owner admits to knowing about a precariously dangling tree branch, for example, and did not have the branch removed, they will be negligent because they had actual knowledge of the dangerous condition. Actual knowledge can also apply when the dangerous condition is apparent, even if the owner will not admit awareness.
Under the Constructive Knowledge concept, a tree owner may be liable (responsible) for injuries caused by his tree if evidence shows a “reasonably prudent person” should have been aware of the tree’s dangerous condition. A personal injury attorney with experience in tree accident cases will have the necessary expertise to present a compelling argument that a property owner should have known about the dangerous tree condition.Who Must Pay for Damages Caused by Modesto Tree Accidents?
Injury on Private Property: A private property owner (including homeowners) is required to prevent harm on his or her property. If the owner knew or should have known of a dangerous tree on the property, as discussed in more detail in the section above, the owner will be found negligent and responsible for damages. The private property owner must regularly inspect trees on the property and perform the maintenance necessary to keep the trees safe.
There is an exception to private property owner negligence, and insurance companies often try to rely on that exception to get out of paying claims. If an earthquake or lightning strike, for example, causes a tree or tree branch to crash to the ground, the insurance company will say that the owner was not negligent and that the accident resulted from a force of nature or “an act of God.” This exception rarely applies - and in the case of an earthquake, it may be more difficult to argue against. However, weather-related circumstances that may have contributed to a tree or branch falling are usually foreseeable and likely not the only factor. Owner negligence can often be proven by a skilled tree accident injury attorney.
Injury on Public Property: Inverse Condemnation is the legal concept that says a public entity is responsible for damages if an injury caused by a falling tree or branch occurs on its land. The tree had been planted as a “public improvement.” There is no requirement of negligence under Inverse Condemnation liability.There are Strict Time Limits to Filing a Claim
The time in which a personal injury claim has to be settled or a lawsuit filed in the state of California is two years. This is called the statute of limitations. A lawsuit must be filed, or the claim must be settled before the second anniversary of the date of injury.
Injury on Public Property: If the injury happened on public property, the time the claim must be settled or filed is far shorter than two years and is usually only a matter of months. It is critical that anyone injured as a result of a tree accident on public or government property promptly seek experienced legal counsel to protect their rights.
Injuries Suffered by a Minor: The statute of limitations for a minor in California begins to run at the age of majority - this means that the injured person must settle their claim or file a lawsuit within two years after he or she turns 18.The Trees of Modesto
Modesto, California, is home to an extensive urban forest. It is a designated Tree City USA, a nationwide program that recognizes cities with excellent urban forestry programs.
Typical trees found in Modesto include:
- Arizona Ash
- Bradford Pear
- Chinese Hackberry
- Chinese Pistache
- Honey Locust
- Modesto Ash
- Pine, Japanese Black
- Pistache, Pearl Street
- Silver Maple
- Sycamore, London Plane
The Forestry Division for the city of Modesto maintains the City trees, which include all trees located in parks and on streets, as well as those planted outside government buildings. Modesto employs one of the highest ratios in the state of Certified Arborists, many of whom have specialized certifications, such as Tree Risk Assessment.
Modesto trees are maintained on a regular schedule, approximately every eleven years. The Forestry Division sends crews throughout neighborhoods, block by block, to inspect and prune trees as necessary. A city crew is also in charge of trimming branches away from sidewalks and buildings and around traffic signals and signs to maintain driver visibility.
Despite maintenance crews' work, Modesto has paid out a significant amount of money for tree damage claims in the past several years.
The news clip below documents a Modesto man's near miss with falling trees.Modesto Tree Accident Lawyer
Each year, falling trees and tree branches result in serious injuries. If you or anyone you love suffered injuries due to a falling tree, call us today at (209) 227-1931 or (800) 404-5400 to schedule a free consultation at our Modesto office.
1015 12th Street, STE 7
Modesto, CA 95354
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Editor's Note: updated [cha 8.21.23] Image by Mabel Amber from Pixabay mm cha [cs 1659]