About Tree Injuries
There are several types of tree injuries you might face. First, there’s physical injury, where you’re directly hit by a tree or its parts, like branches. Then, there’s the risk of falling when climbing or being in a tree. Chemical injuries can happen if you come into contact with sap or other substances from a tree that cause skin reactions or other health issues. Lastly, electrical injuries can occur if a tree you are in contact with is hit by lightning or comes into contact with power lines.
Natural causes like storms or lightning can make trees fall or shed branches unexpectedly. Human activities, such as improper cutting or landscaping around trees, can weaken them and lead to accidents. Neglect, such as failing to remove dead or dying trees, can also result in injuries.
Injuries could happen at parks, residential neighborhoods with large, old trees, and areas near forests or natural reserves. Busy streets lined with trees also pose risks during storms when branches may fall.
Potential Liable Parties for Tree Injuries
If you get hurt by a tree, figuring out who’s responsible can be complex. Property owners are a common starting point. If a tree on someone’s land hurts you, the owner might be liable if they neglected the tree’s care or were aware of its danger but did nothing. Businesses owning property with trees must also ensure these are safe and pose no risk to people. In Atlanta, local laws stress that property owners must keep their trees in check to prevent harm.
In Georgia, if a tree falls on your property, you are usually responsible for any damage and for removing the tree, not the tree’s owner. However, if the tree was visibly unhealthy or dying (such as showing no leaves in summer or lacking bark) or if your neighbor was previously warned in writing about the tree’s condition, then your neighbor might be liable for damages. Specific details like visible signs of decay can influence liability.
Cities or local governments could be responsible too, especially for injuries in public parks or on city streets. If a city-owned tree was poorly maintained or known to be hazardous, the city might be liable for your injury. Utility companies are another potentially responsible party. If a tree falls and causes injury because it was not properly trimmed away from power lines, the company maintaining those lines might be held liable.
Options for Tree Injury Victims
After a tree injury, you have the right to explore legal action to seek help for your situation. The first step is often to talk to a lawyer who understands personal injury cases related to tree injuries. They can help you figure out who might be responsible for your injury and whether you have a strong case. Filing a lawsuit could be your next step, aiming to show that the owner of the tree, or another party, did not do their part in preventing the situation that led to your injury. Your lawyer will guide you through gathering evidence, like photos of the tree and witness statements, and help you through the legal process.
Potential Damages in Tree Injury Cases
In a tree injury case, you might recover costs for medical care, lost wages if you couldn’t work, and money for pain and suffering. If the injury leads to long-term health problems or a need for ongoing treatment, you can seek damages for future medical expenses and lost earning potential. Georgia law allows for these types of compensation.
If you’re found partly at fault for your injury, Georgia’s modified comparative negligence rule may reduce your damages based on your percentage of fault, as long as you are less than 50% responsible.
In tragic cases where a tree injury leads to death, the victim’s family can pursue a wrongful death claim, seeking compensation for lost income, funeral expenses, and loss of companionship.
Next Steps
Right after a tree injury, get medical help immediately, even if you think you’re not badly hurt. Then, take pictures of the scene and the tree that caused the injury. Get contact information from any witnesses. Don’t try to fix the situation or remove evidence. Write down everything you remember as soon as you can. Contact a tree injury attorney to understand your rights and next steps. A tree injury lawyer will help you understand your rights and guide you through the process of seeking compensation. They’ll gather evidence, talk to witnesses, and work to show that someone else’s negligence led to your injury. Your lawyer will negotiate with insurance companies on your behalf and take your case to court if needed, aiming to get you the compensation you deserve for your injuries and losses.
Atlanta Tree Injury Attorney
If you or someone you know has been injured by a tree in Atlanta, it’s important to clarify your legal options. To learn more about how Butler Kahn’s tree injury lawyers can help you, call (678) 9401-444 or contact us online for a consultation.
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