Florida Tree Accident Lawyer
Falling branches, exposed roots, or otherwise improperly maintained trees can cause severe injuries and property damage. The North Tampa tree accident lawyer at Holliday Karatinos Law Firm, PLLC can help you if you have been injured in a tree accident. Our attorneys have substantial experience pursuing claims against negligent property owners and others responsible for tree maintenance. We can provide you with the legal guidance and tenacious representation you need to obtain compensation for your injuries. Contact our office today to discuss your case.
Tree Injury Accidents
Trees in our parks, sidewalks, and on private property are an integral part of our landscape, but they can also be dangerous if they are not properly maintained. A rotting tree branch may fall on a visitor, pedestrian, or motorists. A tree may also obstruct a motorist’s line of sight and cause a car crash. Exposed tree roots on eroded soil can cause a person to trip and fall.
Decayed, damaged, or overgrown trees can cause serious injuries to an unsuspecting party. Some examples of catastrophic injuries include:
- Traumatic head injuries, such as a concussion
- Damage to internal organs
These injuries can require extensive medical treatment, and some tree accident injuries can be fatal. A victim, however, does not need to face the financial burden of a tree accident injury alone. With the help of an experienced lawyer, a victim may be able to hold the party responsible for his or her injuries accountable for the accident.
Liability for a Tree Accident
If you are hurt in a tree accident, you may be able to sue the property owner or other entity that controls the property. Tree injury accidents generally fall under the legal category of premises liability. Premises liability standards can allow victims to hold property owners accountable for injuries on their property. In Florida, property owners have a duty to maintain their premises in reasonably safe conditions. This includes removing damaged, diseased, or decaying trees that pose a danger to others.
You can hold a defendant accountable for your injuries if you can establish its liability. Under a claim based on negligence, you must show that your injuries were caused by the defendant’s failure to maintain the premises in a reasonably safe condition, or the failure to correct or warn of a dangerous condition it knew or should have known about through the exercise of reasonable care.
If you were injured on public property, such as a park, you may hold the municipality liable. You would have to demonstrate that the government failed to maintain the property in a reasonably safe condition or failed to correct or warn of a danger that it knew or should have reasonably known about.
Generally, a private property owner does not have a duty to maintain a public property. However, a private property owner may have a duty if a municipality specifically provides for a private cause of action against property owners who fail to maintain an abutting public sidewalk. This means that a person injured by a tree on a public sidewalk may have a claim against a private property owner instead of the government. Tree accident injuries are complex and require an in-depth look at local laws, as well as land plans, surveys, and sometimes the opinions of experts, such as arborists. Determining who may be liable in your case is crucial to recovering damages. A knowledgeable attorney can review your particular case and discuss the parties you may be able to hold accountable.
Tree Accident Injuries on Someone Else’s Property
If you were hurt in a tree accident on someone else’s property in the North Tampa area, the injury attorneys at Holliday Karatinos Law Firm, PLLC can help you pursue a claim for damages. We provide tree accident injury victims with capable and aggressive legal representation. Our lawyers can help you prove your case against the property owner, or any other party, responsible for your injuries. With more than 50 years of combined legal experience, we offer seasoned advocacy to get the compensation you need for your injuries. Contact us today to see how we can help.
These kinds of injuries often occur when an improperly maintained tree harms an unsuspecting guest, visitor, or even a trespasser. Poorly maintained trees pose a danger to anyone in close proximity. Overgrowth, decaying branches and limbs, and exposed roots may lead to severe and potentially life-threatening injuries. For example, a victim may suffer serious brain injuries if a decaying branch breaks off a tree and lands on a victim’s head. A victim may also trip and fall on a tree’s exposed roots and sustain fractures.
Many tree accident victims are injured while they are on another person’s property. The victim may be a guest at a residential home or a patron at a commercial property when he or she is injured in this type of accident. In many cases, the victim will have the right to seek compensation from the owner of the property, but this will largely depend on the status of the victim under the law and whether the property owner was negligent.
Holding a Negligent Property Owner Accountable
Tree accidents are often the result of negligence on the part of the property owner. Tree accidents are generally premises liability cases. Under the legal theory of premises liability, Florida property owners have a duty to keep their property in a reasonably safe condition. They must properly maintain any trees on their land, and remove any trees that may cause injuries to others.
You can hold a property owner accountable for a tree accident injury if you can show that the property owner’s negligence led to the harm you have suffered. A property owner can be deemed negligent if it failed to keep its property in reasonably safe conditions or failed to warn of dangers on the premises it knew or should have reasonably known about. This means the property owner may be liable for a tree accident injury if it failed to inspect the property for potentially hazardous tree conditions that could injure guests.
In premises liability cases, the degree of care a property owner must exercise depends largely on the status of the victim. The duty of care is higher if you were lawfully on the person’s property when the tree accident occurred. A property owner owes a higher duty of care to an invitee (such as a shopper at a retail store) or a licensee (a guest at a residence, for example). The law looks less favorably on trespassers, unless the trespasser is also a child.
Whether or not you can recover damages for your tree accident injury will depend on how you are categorized under Florida premises liability law and whether you can prove the property owner’s liability. A Florida attorney with experience handling premises liability and tree accident cases can assess the facts of your case and help you hold a negligent property owner accountable for damages.
By establishing liability, you may recover damages from the parties that caused your injuries. Your recoverable damages may include current and future medical bills, lost income, and pain and suffering. Under Florida law, personal injury claims generally must be filed within four years from the date of the incident; otherwise, you will lose your right to file a claim.
Aggressive Representation and Personalized Legal Service
At Holliday Karatinos Law Firm, PLLC, our Spring Hill tree injury accident lawyers are prepared to fight for your right to compensation for your injuries. Our lawyers have helped numerous tree accident victims and their families recover damages for their injuries. We can review your case and discuss your legal options with you. As our client, you can depend on our commitment to client service and aggressive advocacy to get you results. We work with clients throughout Brooksville, Pasco County, and the surrounding areas. Please give us a call at (866) 597-0009 or you can reach us online to schedule a no-obligation consultation today.