People walking on a sidewalk through their neighborhood take it for granted that they are safe from injury. However, a falling limb from a tree may cause devastating injuries that require surgeries or medical treatments to manage. In this scenario, the person walking by a home may have a personal injury lawsuit based on the concept of premises law.
Falling Tree Limbs Can Be Very Devastating
Homeowners with trees in their yard have to regularly maintain their trees to ensure that they don't get into bad shape. Unfortunately, many homeowners don't take the time to check their trees for issues such as pests, vermin, and other types of diseases. And when injured enough, a limb may fall off of a tree unexpectedly and could very easily land on somebody and cause real injury.
Unfortunately, these injuries can be devastating enough to require the help of high-quality medical professionals to properly manage. For example, individuals may need surgery to repair broken bones or even concussion treatment if the limb hits them hard enough. Others may even end up experiencing comas that may develop into more serious issues. Whatever the injury, a lawsuit may be required.
When Premises Liability Comes Into Play
Premises liability is a legal concept that states that property owners are responsible for injuries on their property caused by negligence. For example, premises liability law argues that homeowners who do not keep their trees in great shape may be liable for any injuries caused by falling limbs. They are considered liable even if they did nothing directly to the limb to cause it to fall.
Homeowners may try to make the claim that they are not to blame because they were either not home when the tree was damaged — such as during a winter storm that put strain on the limb — or didn't know about the damage. In most cases, this type of defense rarely holds up. Most courts rarely pay much attention to this type of defense because they find it hard to believe that homeowners don't know about the state of their trees.
No matter the situation, it is critical to talk to a personal injury lawyer to ensure that this situation doesn't become harder to handle. Thankfully, a growing number of lawyers fully understand the concepts behind premises law and can give plaintiffs the best chance of winning this type of case and walking away with money for their injuries.Share
9 January 2020
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