Falling Tree in Rancho San Antonio Park Kills San Jose Woman
The mother of a Boy Scout was killed by a falling tree in Cupertino on March 5 at a local park while hiking with the troop. The deceased woman was identified as San Jose resident Vidyut Nautiyal, age 44. The Scout troop was hiking in Rancho San Antonio Park along the PG&E Trail around 10:00 a.m. when the tree fell without warning. The mother of a 17-year-old Scout, Nautiyal, reportedly hesitated as the tree fell as she first looked to see if her son was safe.
Witnesses to the Accident Tried to Help
A witness to the fatal falling tree accident said he and others lifted the log and placed a rock underneath, so it no longer touched the woman’s body and she could breathe. However, Nautiyal was pronounced dead at the scene. Her son stayed with her as the rescuers arrived using ATVs because of the difficult access and mud.
Falling Tree Fatal Accident Being Investigated
The Boy Scout Council for Silicon Valley-Monterey Bay issued a statement expressing their sadness at the fatal tree accident. They reported the Scouts involved in the hike were safe, and no one else was injured. An investigation is being conducted by Park Rangers with the Mid Peninsula Regional Open Space District to determine how the fatal accident occurred.
Liability for a Falling Tree Fatality in a Park
If someone is killed by a tree or limb that falls in a park, the entity in control of the area may be held liable if they are responsible for maintaining and inspecting the trees on the property. If that entity was negligent, they could potentially face legal action from surviving family members when they file a wrongful death lawsuit.
The entity may also be held responsible if a third party such as a contractor or arborist had been hired to inspect the tree, and it is shown that they failed in their duty. In any case, an experienced attorney should be consulted to determine who is liable and what course of action should be pursued.
Recovery of Damages in a Wrongful Death Claim
A wrongful death claim is a legal action that family members may take against a person or other entity who has caused the demise of their loved one through negligence or intentional misconduct. If successful, this claim can compensate surviving family members for their loss.
How a Lawyer Can Help With a Wrongful Death Claim
Navigating the legal system in pursuit of wrongful death compensation can be a daunting process, and working with an experienced lawyer is often in the best interest of surviving family members. A lawyer can estimate the value of the damages incurred by the death (e.g., loss of income, etc.) and advise on filing deadlines and legal procedures.
Types of Damages That Can Be Recovered in a Wrongful Death Claim
In California, family members may be eligible to receive compensation for the following types of damages due to their loved one’s death:
- Funeral expenses;
- Loss of financial support from the deceased person;
- Loss of companionship, consortium and love;
- Emotional distress suffered by surviving family members;
- Loss of household assistance.
San Francisco Tree Accident Lawyer
I am Ed Smith, a San Francisco tree accident lawyer. Call for compassionate, free and friendly advice on whether your family can file a claim for wrongful death after losing your loved one at (415) 805-7284 or (800) 404-5400. Our accident attorneys can provide you with a free consultation to review your case, answer your questions, and give you information about your legal options. Online contact is also available.
Our injury lawyers have helped many people to obtain compensation after accidents, as you can see by looking over the following links:
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Photo attribution: Image by Myriams-Fotos from Pixabay
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