Is there a way to sue the government if a tree falls on public property and injures you? Sometimes, the answer to this query is not easy to understand.
A public entity frequently becomes the subject of a premises liability lawsuit if the entity either:
1. Resulted in a hazardous situation or
2. Knew about a potential risk in time to take precautions against it.
However, there are a few exceptions to this rule. This blog post will cover when it is proper to sue a public agency for injuries you suffered because of a fallen branch. If a falling tree injures you on public property, contact an
Atlanta premises liability lawyer for a case.
Do You Have A Premises Liability Case If You Are Hurt By A Falling Tree On A Public Property?
You could be able to file a lawsuit against the individual who controls the land or another entity in charge of maintenance and control if you suffer damages in a tree accident. Injuries from tree accidents typically come under the legal jurisdiction of premises liability.
Victims may hold property owners responsible for any injuries suffered on the premises due to premises liability. This is made possible by the responsibility placed on property owners to keep their properties in a properly safe condition. This is referred to as a duty of care, and it is usually owed to another person in any situation where it is easily foreseeable that one person might experience harm as a consequence of the act or inaction of another.
How Do You Hold Private Owners Liable For Tree Branch Injury?
Maintaining trees effectively is part of a property owner's responsibility to make their property sufficiently secure to those who are on it lawfully. The type of property in question will impact how far this duty goes. An example of this would be a large and remote tract of densely forested land that would have different requirements than a residential lot. It was unfair to expect the owner of the sizable piece of land to take responsibility for the trees and cut out dead branches. On residential land, however, one might legally expect the owner to take care of the trees.
Liability must be established in order to hold the party responsible accountable for the damage caused by the tree on their property In a negligence claim, you have to show that the
● It was the defendant's responsibility to maintain the area equally safe;
● By failing to take action or warn the public of the dangerous situation, the defendant breached this duty of care;
● The defendant should have known about the hazardous condition or knew it, and
● The failure of the defendant to keep the premises secure led to the plaintiff's injuries.