July 31st, 2012 - by DKRPA
Sometimes, premises liability cases can initially sound like unfortunate accidents — things that could not have been prevented by anyone or anything. One of these types of incidents is a falling tree. How does one stop a falling tree? It is simply a natural thing that randomly happens, right?
Well, not quite. Often, it will be discovered that a fallen tree had “rot” inside of it, indicating that safety officials or the manager of the tree’s premises should have known about the threat the tree posed to nearby pedestrians or bystanders. Sometimes these falling trees happen in the middle of nowhere. But sometimes, they can happen right here in Miami.
Many of the city’s residents have a variety of shrubs and trees in their backyard, and when these plants are poorly maintained or if they start to die, they pose a serious threat of falling. Those who are struck by such a falling object are often severely injured, requiring days if not weeks in a hospital. Many more months of rehabilitation may be required after the hospital stay to fully recover.
The medical bills for these victims can be astronomical. Should they pursue legal action though (and given the hypothetically negligent circumstances of such an incident, they probably would), a jury could award that the manager of the premises compensate the victim for their pain and suffering.
Unfortunately, one 12-year-old boy is dealing with this right and his family will hope he can pull through after a falling tree crushed the young child’s pelvis. He was hospitalized in critical condition last Wednesday after the rotting tree fell on the family’s campground.
Source: San Francisco Chronicle, “Falling tree hurts boy at Memorial Park,” Vivian Ho, July 25, 2012
Our firm handles similar situations to the one discussed in this post. If you would like to learn more about our practice, please visit our Palm Beach County personal injury page.