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If you or a family member were hurt by a falling you tree, you may be wondering if you can sue the property owner for damages?

To win a premises liability case involving a fallen tree, you will need to prove that the landowner breached the duty of care owed to you, and that the injuries caused to you were a foreseeable and likely result. Sep 09, If you are hurt in a tree accident, you may be able to sue the property owner or other entity that maintains and controls the property. Tree accident injuries generally fall under the legal category of premises liability. Premises liability allows victims to hold property owners liable for injuries that occur on the Travis Peeler.

If A Tree Falls (Can I Sue?) Yes, Of Course (But You May Not Win!) Rosemarie Russo and Joseph Ostrowsky sued their abutting neighbor, Kenneth Jay, in Small Claims court. The health of the tree may determine which landowner is responsible for damages to property.

A secondary source called “Florida Jurisprudence” provides that where a dead tree falls on an adjoining property and damages that property owner’s home, the landowner who owns the property where the tree originally was located is responsible for damages (1 Fla. Jur 2d Adjoining Landowners section. Jul 03, If a maintenance crew caused the tree to fall on you or in the road, causing a car accident, you may have a lawsuit against the maintenance company or the business/municipality that hired the team.

Property owners. It is a property owner’s duty to know about trees that Estimated Reading Time: 5 mins. When a tree on your property falls over during a storm, you are generally responsible for the damage. Advertisement Florida Law Florida law puts the responsibility for fallen trees on the homeowner. When trees are close to your property line, then the law determines the owner by looking at the trunk of the tree.

This gives us the right to trim these items on our property, (albeit at our expense). This is not the case if we are dealing with a dead tree. At that point, the property owner whose property the tree resides on becomes responsible and as such, can be liable.

Jul 08, But if the downed tree caused no damage to any structure on your property, you’ll have to pay for removal and debris cleanup yourself.

“Technically, there would be no damage to file a claim. Mar 09, Generally speaking, if your property is damaged, you are responsible for the damages. It doesn’t matter if the tree or limb came from your property, your neighbor’s property or even municipal property.

Keep in mind that a windstorm isn’t anyone’s fault; it’s an act of nature. If a tree does damage your property during a windstorm, your policy will cover the damages. Oct 29, The steps you take after a tree falls can mean the difference between headache and heartache. The first thing to do is call your homeowners insurance agent.

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