Fallen Tree Reports During Winter Storm in Stockton
According to the Stockton Police Department (Stockton PD), there were several reports of fallen tree limbs during a winter storm on the evening of January 26, 2021. Some of the Stockton tree accidents were reported at:
- Pershing Avenue and Harding Way
- 1700 block of Del Rio Drive
- Pacific Avenue near Lincoln Road
Stockton PD encourages all drivers to be careful and keep an eye out on the road for fallen debris, power lines, trees, and flooded streets. Be prepared for longer than usual travel times and wet roads. Also, avoid passing flooded roadways to ensure your safety.
Fallen Tree and Premises Liability Law in California
Whether you have grounds to bring a claim following an injury caused by a fallen tree will depend upon the facts and circumstances of your case. In California, the property owner has a duty to conduct inspections on all trees on their property and determine how hazardous or healthy they are. If the property owner determines that the tree in question is hazardous, they should remove the entire tree or limbs to ensure the safety and well-being of others.
Who is Responsible for a Fallen Tree During a Stockton Winter Storm?
If the property owner was aware of the foreseeable danger that a particular tree could have posed and took no action to resolve it, they may be held financially accountable for injuries and damages incurred. When the hazardous tree was located on a residential lot, the property owner should have foreseen the potential injury to others. Thus, increasing the owner’s expected duty to maintain all trees on their property.
Under the California Civil Code Section 833, a tree whose trunk stands upon the property of one owner belongs exclusively to that individual, regardless of whether the branches or roots grow into a neighbor’s property. This indicates that the property owner has a duty to ensure their trees are properly trimmed and maintained to lower the risk of property damage and bodily injury or death to others. For a tree whose trunk stands partially on the property of two or more owners, each individual has equal ownership of the tree and is equally liable for any injuries or damages caused by it.
Insurance Defenses to Tree Accident Claims
An insurance company may attempt to protect themselves from financial liability for a fallen tree case by claiming the incident occurred as “Acts of God.” However, winter storms are foreseeable and often result in serious injury or wrongful death. Do not assume you do not have legal recourse when this occurs. The failure to properly secure damaged property like a fallen tree or limb may result in severe financial and civil consequences. If you have suffered injuries because of a fallen tree, contact an experienced tree accident attorney immediately. For details on how to find the best attorney to handle your personal injury claim for your tree accident, watch the video below.
What is the Statute of Limitations for a Tree Accident Case in California?
The statute of limitations or filing time limit for which a tree accident lawsuit must be filed in California is two years from the date of the personal injury or wrongful death. If a fallen tree is under a government entity’s control, a claimant has 180 days or six months from the date of the tree accident to file a notice of claim with that government agency. Since there are so many unique aspects involved in such cases, it is essential to contact an experienced tree accident lawyer. Having an attorney on your side is critical for protecting your legal rights and ensuring you receive fair compensation. Schedule a free consultation with one of our tree accident attorneys today to learn more about your legal options for recovery.
Tree Accident Lawyer in Modesto, CA
I’m Ed Smith, a Modesto tree accident lawyer. If you suffered injuries in an accident caused by a fallen limb or tree, you may be entitled to financial compensation for your injuries and damages incurred if the incident occurred on public or private property. A tree must be properly trimmed and maintained to ensure the safety of others, especially before a winter storm approaches. To learn more, call our law firm today to schedule a free consultation at (209) 227-1931 or (800) 404-5400. Our tree accident attorneys are available anytime to review your case and provide free, friendly advice on moving forward with a personal injury claim.
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