Tree Branch Falls in Fair Oaks

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September 30, 2019
Edward Smith

Tree Branch Falls in Fair Oaks

On September 26, an enormous tree branch in a Fair Oaks residential neighborhood came crashing down, damaging cars and injuring one person. The incident occurred shortly after 8:00 in the morning along Memory Lane in the 5600 block. It was reported by a representative of Sacramento Metro Fire that an injured person was taken to a local hospital for treatment and further evaluation. The extent of injuries to that person have not yet been reported. At the time of this report, there is no explanation of why the tree branch broke. 

Property Safety

Homeowners have the responsibility of keeping their property safe for visitors and passersby to avoid serious injuries. In Sacramento, the Public Works Department’s section of Urban Forestry is responsible for maintaining trees along the public right-of-way. If the tree was on private property and appears to be healthy and well-maintained, the homeowner’s liability insurance will usually cover it if it is due to inclement weather or the like. However, if the tree appears dilapidated and showed signs of weakness prior to the tree branch falling, it is clearly the homeowner’s fault. This negligence stems from the property owner’s failure to have the tree removed or dead limbs cut. 

If the tree is on public property, the government agency responsible for upkeep can be taken to task if it was not done. Remember, when filing a claim against a government agency, the time in which you can bring a case against them differs. Your attorney will make sure everything is filed on time. 

Responsibility of the Homeowner

Homeowners are responsible for trees on private property and should contact an arborist if there is a problem. They are expected to inspect their property on a regular basis to make sure that its condition is in order. If a tree is damaged in some way, diseased or poses a safety risk and the property owner does not address it, resulting in injury to someone, they are considered to be negligent. This is a key element in a personal injury lawsuit. The injured party will be able to file a claim to recover any damages they incurred due to the falling tree branch or other issues. This includes medical care, lost time from work, and pain and suffering.  

What a Lawyer Can Do for You

Our law firm has helped many clients who were injured by negligent property owners. To do this, we send our investigative team to the property where the incident occurred. We evaluate the condition of the property. If there is a question as to whether lack of maintenance caused the accident, we bring in arborists who can provide a detailed report. We take photos of the property. We might also interview neighbors who can tell us how long the hazard was in place before the accident. All of this evidence is used by our lawyers to build a strong claim against the property owner. 

Fair Oaks Personal Injury Lawyer

I’m Ed Smith, a Fair Oaks personal injury lawyer. Homeowners or government entities are responsible when it comes to maintaining trees in good condition and ensuring that injuries will not happen to those walking or driving near them. If they fail to do so, the injured person may be able to place a claim for compensation to pay for their medical bills and other losses. Please contact me at (916) 921-6400 locally or through my long-distance line at (800) 404-5400 if elsewhere in Northern California. An online form is also available to get in touch with me.

During the 37 years I have worked as an injury lawyer, I’ve helped many Fair Oaks residents, as well as other Northern Californians, to win fair compensation for their accident injuries. All types of traffic accidents, wrongful deaths, and traumas such as brain injuries are some of the areas in which I specialize.

As a lawyer, I belong to a number of associations but am especially proud to belong to these:

The internet and phone books are loaded with lawyers, and this can make it difficult to decide which one to call for advice when you need it. To help out, I’ve enclosed links below that go to cases handled in the past by my law firm and my clients’ reviews and comments: 

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