Man Loses His Life in Falling Tree Accident on Gibbons Drive
A Carmichael man died in a falling tree accident on February 4. The incident occurred on Gibbons Drive between Rochdale Drive and Knoll Top Court shortly around 2:00 p.m. Firefighters with the Sacramento Metropolitan Fire District discovered the injured man when they responded to a medical emergency call. Although the wounded man, 41-year-old Chad Ensey, was transported to Mercy San Juan Medical Center, he did not survive. Ensey was in his backyard when the accident happened.
Liability in a Falling Tree Accident in California
The responsibility for a falling tree accident in California generally lies with the property owner where the tree was rooted. Property owners have a legal obligation known as a “duty of care” to ensure their trees are properly maintained and do not pose a hazard to others. Proper maintenance includes regular inspections and proactive measures to address potential dangers, such as trimming or removing unstable limbs.
Tree Maintenance Company Negligence in an Accident
However, there can also be cases where the negligence lies with a tree maintenance company hired to care for the trees. If a company fails to identify or address a hazardous condition adequately, it may be held liable for any accidents caused by its oversight. Maintenance companies must have comprehensive inspection protocols to avoid a falling tree accident and act diligently in mitigating risks identified during their inspections. If someone dies due to their negligence, the family can file a wrongful death claim to recover damages.
How an Injury Lawyer Investigates a Tree Accident Injury or Fatality
When investigating a falling tree accident injury or fatality, an injury lawyer will meticulously gather evidence to establish liability. The steps usually include obtaining incident reports, witness statements, and arborist expert opinions. They may also review maintenance records, inspect the site of the accident, and examine weather conditions at the time of the event. This thorough process ensures addressing all contributing factors, and the responsible parties are held accountable for their actions or inactions.
Negotiating a Premises Liability Claim
Tree accidents fall under premises liability, and the insurance company usually handles compensation. An experienced Carmichael accident lawyer plays a vital role in negotiating with insurance companies to ensure a fair settlement for the family in a wrongful death. This negotiation process can be complex and requires a deep understanding of the law and the ability to assess the claim’s actual value, lost wages, funeral expenses and others. The aim is to reach an agreement that fully compensates the family without needing a protracted court battle. However, if negotiations for a settlement stall, the lawyer must be prepared to litigate the case in court to secure just compensation for the loved ones.
Watch this video by accident attorney Ed Smith to learn how to choose a good injury lawyer:
Lawyer for Sacramento Tree Accidents
I’m Ed Smith, and I am a lawyer for Sacramento tree accidents. If a tree fell and caused your loved one’s death, your family might be able to recover damages through a wrongful death claim. You can speak with one of our accident lawyers for free, friendly advice if you call (916) 921-6400. Our injury lawyers can answer your questions, and you’ll learn about your options for recovering compensation. Alternatively, call us at (800) 404-5400 or contact us online.
Learn more about our law firm by visiting Avvo, Google and Yelp reviews and Verdicts and Settlements. In addition to belonging to Million Dollar Advocates, we are a member of the National Association of Distinguished Counsel.
Photo Attribution: Image by NoName_13 from Pixabay
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