Whether you work a high-risk position like landscaping or you simply enjoy spending time in nature, an injury caused by a falling tree is something that no one ever expects. Accidents happen every day, but when they involve something like a tree or foliage, it can be confusing to know how to approach the situation to seek justice for damages.
High-risk laborers, like farmers and construction workers, may already be aware of the potential damage that can occur while at work, but many civilians feel lost when it comes to addressing accidents that occur in nature. Before you make any decisions about how to proceed, learn more about the steps you should take if you recently sustained a personal injury in an accident caused by or involving a falling tree.
Common Injuries Caused by a Falling Tree
No matter where the accident occurs, being struck by a piece of wood, debris, branch, or falling tree can cause long-term damage if your injuries are not properly treated. Some of the more common injuries that occur due to these accidents include:
- Cuts, scrapes, and bruises
- Brain injury
- Neck, shoulder, and back pain
- Broken bones
- Sprained wrists or ankles
These injuries, especially anything involving the head or the brain, can be serious and even fatal. If you sustained an injury or damage as a result of a fallen tree or branch, don’t hesitate—ensure that you seek immediate medical treatment.
Can I Sue If I’m Injured by a Falling Tree?
Depending on the location where you were injured and whether or not someone privately or publicly owned the land, there are a few considerations that can affect your ability to sue for damages as a result of a fallen tree or piece of wood, which may include:
- Who is the owner of the property on which the accident occurred?
- Who is responsible for maintaining the tree or foliage?
- Was the tree or branch on publicly-owned or private property?
- Was the injured person acting carelessly?
If the accident took place on a privately-held property, premises liability might come into play, which allows injured victims to hold property owners responsible for damage that occurred on their property. Anyone who owns a property has a duty of care, which states that they must maintain the property and keep it in reasonably safe condition. Any individual who experiences an accident and suffers an injury as a result may establish a claim based on negligence and testify that the property owner did not meet their duty to maintain a safe environment on their premises.
Should you experience an accident on public property, such as in a park or a playground, you will be asked to provide proof that a local entity or the state failed to maintain safe conditions in that public area or failed to notify the public about the danger. If you are looking to take a local or state government to trial over an accident you experienced on public property, it is important to understand that some states have immunity protecting them from liability.
Important Steps to Take after an Accident Involving a Fallen Tree
The first and most important step to take after an accident has occurred is to assess yourself for injuries. If you feel any discomfort in your joints or muscles, do not ignore them as “low-grade” pain. Mild pain may be symptomatic of larger issues, such as a bone fracture. Should you have incurred any injuries, call emergency services to take you to the hospital as soon as you are able.
Once you have ensured that you are safe, take photo and video evidence of the scene. Any additional damage that may have occurred, including damage to property that did not belong to you, is also necessary for bolstering your defense. Make sure to include timestamps, if possible. This evidence will give you a strong advantage in the courtroom.
Work with a Renowned Personal Injury Lawyer in Beverly Hills, California
Regardless of the details of how you were injured as a result of a fallen tree, you deserve to work with a personal injury lawyer who will fight for you to receive fair compensation and hold the responsible parties accountable for their negligence. The experienced team at Setareh Law Firm has helped thousands of clients in Beverly Hills, California, get the case outcome they deserve.
Reach out to us today and find out how we can help you obtain compensation for your injuries. Call (310) 659-1826 or contact us online for your free case evaluation.