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A Falling Tree Branch Injured Me. Can I Recover Damages?

Master Woodworker George Nakashima wrote, “A tree is our most intimate contact with nature”[1]. That contact can become too intimate if it involves a tree branch falling on you, your property, or your possessions. Falling tree branches can weigh hundreds, or even thousands, of pounds, inflicting severe injuries or damage on anything in its path. In fact, Governor Greg Abbott (TX) was paralyzed when a large oak tree broke and fell on his back while he was jogging in 1984. When the tree landed on him, it broke his vertebrae, severed his spinal cord, and severely damaged his organs[2].

If you are seeking compensation for injuries or property damage from a falling tree branch, the first issue your attorney will investigate is whether the property owner was negligent in caring for the tree. Was the tree dead or poorly maintained? If so, the owner’s negligence may be responsible for your injury. If the tree was healthy and well-maintained, your case may be more complex and your attorney will need to determine if it makes sense to proceed.

If the tree that caused your injury is located on publicly-owned land, such as a park or a sidewalk, you will need to take legal action against the city or municipality where the land was located. Lawsuits involving the government can be tricky to resolve, require adherence to strict timelines, and have limits on the damages you can receive.  Depending on the specifics of your situation, you may also be able to hold the landscaping maintenance company responsible for your injuries as well.

If the tree is located on private property, you first need to determine who the owner of the property is. Florida’s law dictates that if the trunk of the tree is located fully on one owner’s property, then that individual or business is responsible for the tree’s maintenance and can be held liable if a branch falls on someone. If the trunk of the tree rests on more than one person’s or business’ property, then each property owner is partially responsible for maintenance of the tree and any injuries that it causes. In this case, you will need to bring your lawsuit against multiple parties.

You can collect damages for medical bills, physical therapy, rehabilitation, lost wages, future lost wages and, in some cases, pain and suffering.

ECanter Lawyers is highly experienced in winning lawsuits for injury victims. Our clients come to us when they are most vulnerable and we are dedicated to providing a high level of customer service while aggressively pursuing the compensation they deserve. Contact us today to learn more.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

561-447-4500

Boca Raton | West Palm Beach | Coral Springs | Ft. Lauderdale | Miami 

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[1] TreeClicks.com. The 27 Most Inspirational Quotes About Trees – TreeClicks. Accessed October 3, 2023.

[2] Newsweek. Why Does Greg Abbott Use a Wheelchair? Texas Governor Releases Video About COVID Diagnosis (newsweek.com). Accessed October 3, 2023.