Injured by Falling Tree – Can I Sue?
Property Owner’s Duty to Inspect
Under California law, property owners have a duty to inspect their trees to determine if they are healthy or hazardous, and remove branches or the tree itself if it poses a hazard. The legal test is whether the property owner knew or should have known that a tree posed a hazard. If the answer is yes, and the property owner fails to act, then the property owner is legally liable for injuries or damage that result from the falling tree or tree branch. Such damage can include physical injuries, lost wages, and property damage, e.g., …
In a traffic accident it may not only be the car and driver that suffer damage or injury. Any passenger in the car at the time of the accident may have to file an accident compensation claim due to the injuries sustained. It is also fairly likely, due to their lack of role in driving the vehicle that they have no blame attached to them for the accident.