When a hurricane or storm comes through, your property can end up with damage. This can include fallen trees, which may land on your house, or sometimes even your car. Fixing damage from fallen trees can be a major undertaking. Not only do you have to remove the tree, but you’ll also need to handle the actual repairs. And, because those repairs can be expensive, it’s important to make sure your insurance is giving you the money you need. So here are somethings you should know about these case
What is an Improperly Maintained Tree Damages my Property?
A tree is inclusive of all parts such as branches, leaves, etc. and they can cause serious injury if they are not well maintained. Trees in should always be properly maintained to ensure that they do not pose a danger to anyone. That means whether its a business or home no one should be hurt or have damage caused to their property due to a tree. Trees should be regularly inspected for disease or damage especially after extreme weather events.
Some Improperly maintained tree conditions include:
Decaying or diseased trunks or limbs
Foliage that obstructs a public road
Damage caused by wind, storms, or insects
Property owners should take appropriate measures to protect from potentially dangerous conditions, but when they fail to do so, a victim has a right to hold a property owner accountable for a tree accident injury.
Who is held Liable if my tree Injures or Damages someone's property?
All Florida property owners are liable for injuries caused by their failure to properly maintain trees on their premises. A victim who suffers tree accident injuries may initiate a claim against the property owner and hold the property owner accountable for the harm caused by lack of maintenance.
Tree accident cases often depend on where you were injured, the defendant in your case may be a private entity (if you were injured in a parking lot, for example) or a municipality (if you were injured in a public park). These claims are based on a theory of liability known as negligence. Negligence claims require that a plaintiff establish four elements:
A duty that requires the defendant to conform to a standard of conduct;
The defendant’s failure to conform to that duty;
A causal connection between the breach and the plaintiff’s injuries; and
Actual damages suffered by the plaintiff
Property owners in Florida must maintain their premises in reasonably safe conditions. This duty is generally owed to anyone lawfully on the property. As the plaintiff, you must first establish that the defendant actually owed you a duty of care. A trespasser, for example, will generally not be owed a duty of care. Once you establish that a duty is owed to you, you must prove that the property owner breached his or her duty of care by failing to maintain the property and that you were injured as a result of his or her inaction.
A property owner does not have a duty to those injured outside his or her property, but the duty of care may extend to others not on the property under certain circumstances. A property owner may be liable if a condition emanates from his or her premises and constitutes an unreasonable risk of harm to those outside the property (such as an overgrown tree that blocks a motorist’s line of sight.
Recoverable Damages and Compensation
If an improperly maintained tree caused your injuries, you may obtain compensation from the at-fault party. You have four years from the date of the incident to file a personal injury claim and seek damages. If you file in time, and can establish liability, you may be able to recover damages that include compensation for any medical bills, property damage, lost wages, and more.
Legal Advocacy and Guidance in Your Tree Injury Case
The tree injury accident lawyers at Property Lawyers PLLC are dedicated to providing exceptional legal advocacy to victims who have sustained tree accident injuries. Our team of attorneys offers clients more than 50 years of combined legal experience. We can analyze the facts of your case and advise you regarding your legal rights. Our clients can count on our effective negotiation and advocacy to help them seek fair and appropriate compensation for their injuries. We serve clients all around the state of Florida. So call us today to see how we can help you recover from any damages sustained by trees.