Florida Tree Accident Lawyers
Trees and their branches can cause physical injuries and property damage if they are improperly maintained. The North Tampa tree injury accident attorneys at Holliday Karatinos Law Firm, PLLC can help if you were injured because of a poorly maintained tree. Our firm has represented a number of victims of tree injury accidents in Florida. We can provide the competent and dedicated advocacy you need in your personal injury claim. Please contact us to learn how we can help you.
Improperly Maintained Trees
Trees, including their branches, limbs, and even foliage, can cause serious injuries if they are improperly maintained. Trees in both private and public areas must be properly maintained to ensure that they do not pose a danger to visitors, residents, or the public. Trees should be regularly inspected for disease and damage, particularly after extreme weather events, such as hurricanes.
Some tree conditions that could pose a danger to visitors and the public include:
- Broken branches
- Decaying or diseased trunks or limbs
- Foliage that obstructs a public road
- Damage caused by wind, storms, or insects
Property owners should take appropriate measures to safeguard others from potentially dangerous tree conditions, but when they fail to do so, a victim has a right to hold a property owner accountable for a tree accident injury.
Liability for Victims of Tree Injury Accidents: Failure to Properly Maintain Trees
Florida property owners are liable for injuries caused by their failure to properly maintain trees on their premises. A victim who suffers tree accident injuries may initiate a personal injury claim against the property owner and hold the property owner accountable for the harm caused by their lack of maintenance.
Tree accident cases are often premises liability cases. Depending on where you were injured, the defendant in your case may be a private entity (if you were injured in a parking lot, for example) or a municipality (if you were injured in a public park). These claims are based on a theory of liability known as negligence. Negligence claims require that a plaintiff establish four elements:
- A duty that requires the defendant to conform to a standard of conduct;
- The defendant’s failure to conform to that duty;
- A causal connection between the breach and the plaintiff’s injuries; and
- Actual damages suffered by the plaintiff.
Property owners in Florida must maintain their premises in reasonably safe conditions. This duty is generally owed to anyone lawfully on the property. As the plaintiff, you must first establish that the defendant actually owed you a duty of care. A trespasser, for example, will generally not be owed a duty of care. Once you establish that a duty is owed to you, you must prove that the property owner breached his or her duty of care by failing to maintain the property and that you were injured as a result of his or her inaction.
A property owner does not have a duty to those injured outside his or her property, but the duty of care may extend to others not on the property under certain circumstances. A property owner may be liable if a condition emanates from his or her premises and constitutes an unreasonable risk of harm to those outside the property (such as an overgrown tree that blocks a motorist’s line of sight.
Recoverable Damages and Compensation
If an improperly maintained tree caused your injuries, you may obtain compensation from the at-fault party. Under Florida law, you have four years from the date of the incident to file a personal injury claim and seek damages. If you file in time, and can establish liability, you may be able to recover damages that include compensation for any medical bills, property damage, lost wages, and more.
Legal Advocacy and Guidance in Your Tree Injury Case
The Spring Hill tree injury accident lawyers at Holliday Karatinos Law Firm, PLLC are dedicated to providing exceptional legal advocacy to victims who have sustained tree accident injuries. Our team of attorneys offers clients more than 50 years of combined legal experience. We can analyze the facts of your case and advise you regarding your legal rights. Our clients can count on our effective negotiation and advocacy to help them seek fair and appropriate compensation for their injuries. We serve clients in New Tampa, Lutz, and the surrounding counties. Please call us today or fill out our online form to arrange a free consultation with one of our attorneys.