$14.5 Million Settlement Won For A Falling Tree Branch Injury

Falling trees cause more injuries and deaths each year than you probably realize. 

On average, there are about 100 deaths related to falling trees each year. And many more people are injured. Plus, damages occur… most commonly, damage to cars and vehicles. 

But what happens if you’re on someone else’s land, and you get hit with a falling tree branch?

Can you file a lawsuit for falling tree-branches? And if so, how much do they pay out? 

Let’s talk about it. 

Can You File A Lawsuit For Falling Tree Branches?

Falling tree branch injuries and damages generally fall under a category of law called ‘premises liability.’ In such cases, the goal is to prove that the landowner breached the ‘duty of care’ owed to those who use the property, and that the injuries you or your loved ones sustained were a ‘foreseeable and likely result’ of the condition of the property. 

How Much Can You Make In A Falling Tree Branch Lawsuit?

In one case, which occurred in San Francisco, a woman was sitting on a park bench, talking to her two daughters, when a massive tree branch fell onto her, causing life-altering injuries. 

The tree branch was 12 foot long, 19 inches in circumference, weighed about 100 pounds, and fell from a height of about 50 feet. 

The woman said she had no recollection of the tree branch falling. When police arrived, she was covered in blood and screaming for help. Her daughters, ages 9 and 5, looked on with horror as the incident unfolded. By the time she made it to the emergency room, she was unresponsive. 

The family was swept under by massive medical bills. The incident tore her spinal cord and left her paralyzed from the waist down. She also suffered a traumatic brain injury and a fractured skull. 

She ended up suing the city. The grounds for her lawsuit were that the parks department didn’t maintain the park trees appropriately. Plus, the trees had not been thoroughly inspected for safety in the past 6 years. 

Supervisors of the park ended up approving a $14.5 million settlement to help offset the woman’s medical expenses, pain, suffering, and loss. 

Have You Or A Loved One Been Injured By A Falling Tree Branch?

If so, you may be eligible for financial compensation. 

The first step after such an accident is to always seek medical attention. Your health and safety are of the utmost importance, and should be seen-to first. 

The next step, however, should be to contact an attorney to see if you may have a case. 

Not every fallen tree branch injury is going to go to court. But your attorney can help you to figure out if your specific case is viable to pursue. 

The basic line in the sand is this: If you can prove that the landowner failed to meet their threshold ‘duty of care’ responsibilities toward the safety of their property, you likely have a case. And the best way to figure that out is to talk to your attorney. 

I Don’t Have The Cash For An Attorney! What Should I Do?

Most attorneys in this field work on a contingency fee basis. In other words, they don’t charge you anything unless you win the case. Then, they take a percentage of the amount won as a fee. 

Most lawyers who practice this type of fee system also offer ‘no win, no fee’ guarantees, meaning that if your case doesn’t reach a settlement or a successful verdict, you won’t owe them anything anyway. 

This means that you don’t need to have any cash-in-hand to reach out and talk to a lawyer about starting your case.