Ohio Injury Due to Falling Trees or Branches: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury Due to Falling Trees or Branches due to Lack of Proper Tree Maintenance throughout the State of Ohio.
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Ohio Falling Tree Injury Lawyers: Premises Liability for Tree Negligence
A sudden storm can turn a large tree or dead branch into a dangerous projectile. However, when falling trees or branches cause severe personal injury or wrongful death, the cause is often not the weather, but a property owner's negligent failure to perform proper tree maintenance. Trees that are diseased, rotten, or obviously dead pose a clear and foreseeable hazard to guests, pedestrians, tenants, and even passing vehicles.
If you or a loved one suffered a catastrophic injury due to a falling tree or branch on someone else's property in Ohio, you have a right to hold the negligent owner or manager accountable. Our experienced Personal Injury Attorney team is ready to pursue your tree negligence claims, fighting to secure maximum compensation under Ohio Premises Liability law.
Owner Liability for Tree Hazards Under Ohio Law
The standard for liability in falling tree cases depends on where the tree is located and the owner's knowledge of its condition. Property owners owe a duty of ordinary care to their invitees (like tenants or business customers) to ensure the premises, including trees, are reasonably safe. We establish negligence by proving the owner had notice of the tree's hazardous state:
- Actual Notice: The property owner received direct warnings, such as arborist reports, maintenance requests, or neighbor complaints, advising them that the tree was dead, diseased, or had a dangerous overhanging branch, yet failed to perform proper tree maintenance.
- Constructive Notice (The 'Should Have Known' Standard): The hazardous condition (e.g., severe rot, deep cracks in the trunk, or a visible lack of foliage out of season) was open and obvious for such a length of time that a reasonable owner, conducting routine inspections, should have known about the defect and secured or removed the tree.
- Duty of Inspection: Owners are required to conduct reasonable, periodic inspections of trees, particularly those near entryways, parking lots, or occupied buildings, to prevent foreseeable hazards.
Negligence vs. Act of God
We work to counter the defense's claim that the incident was an Act of God (unforeseeable weather event). If the tree was obviously decayed or structurally compromised prior to the storm, the owner's negligence in failing to maintain the tree is considered the primary, legal cause of the injury.
Proving Lack of Proper Tree Maintenance
Falling tree cases require specialized evidence to prove that the owner's lack of proper tree maintenance led to the collapse. Our firm acts quickly to secure and analyze the perishable evidence:
- Arborist Reports: We engage certified arborists to inspect the fallen tree or remaining stump. They can often scientifically determine the cause of the failure (e.g., advanced fungal decay, internal rot, or neglected trimming) and estimate how long the dangerous condition existed.
- Maintenance Records: We subpoena all property maintenance logs, prior work orders, and landscaping contracts to prove the owner failed to follow the recommendations of tree care professionals or neglected routine inspections.
- Witness Testimony: We gather statements from neighbors, tenants, or passersby who observed the dead or diseased tree for months or years leading up to the incident, establishing constructive notice for the property owner.
Damages and Ohio's Statute of Limitations (R.C. 2305.10)
Injuries from falling trees or branches are often catastrophic, frequently involving crush injuries, severe head trauma, and long-term disability. Our firm fights for maximum compensation for all damages resulting from the owner's negligence:
- Emergency Medical Care, Hospitalization, and Rehabilitation
- Compensation for Traumatic Brain Injuries (TBI), Spinal Cord Injuries, and Paralysis
- Lost Wages, Future Loss of Earning Capacity, and Permanent Disability
- Pain and Suffering, Emotional Distress, and Wrongful Death Damages
The statute of limitations for a Personal Injury lawsuit in Ohio (R.C. § 2305.10) is generally two years from the date of the incident. It is essential to contact an attorney immediately to secure expert testimony before the fallen tree evidence is removed or destroyed.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one suffered a severe injury due to a falling tree or branch caused by a property owner's lack of proper tree maintenance, trust our firm to pursue justice.