If a tree or large branch fell and injured you, you may have a claim if the danger could have been identified and addressed before the accident. Determining why the tree failed and whether someone had warning of the problem can establish whether the accident was preventable.
A Chicago premises liability attorney can assist you in pursuing financial compensation for your injuries.
Call our firm at (312) 701-0090 today.
When Can Someone Be Liable for a Falling Tree?
Liability generally requires evidence that the tree presented a foreseeable danger and the person responsible for maintaining it knew or reasonably should have known about the condition. Warning signs may include:
- Dead or hanging branches.
- Visible decay or cavities in the trunk.
- Cracks or splits in major limbs.
- Exposed, damaged, or rotting roots.
- A significant or worsening lean.
- Previous branch failures.
- Disease or insect infestation.
- Prior complaints about the tree’s condition.
The existence of one of these conditions does not automatically establish negligence. Its severity, visibility, duration, and location can help determine whether a reasonable property owner would have inspected, trimmed, treated, or removed the tree before it failed.
Who May Be Responsible for Your Injuries?
Responsibility depends on the property involved and the work performed on the tree before the accident.
- A property owner may be liable for leaving a known hazardous tree or branch unaddressed.
- A property management company may have maintenance obligations under its agreement with the owner.
- A tree service or landscaping company may bear responsibility if negligent pruning, inspection, or other work weakened the tree or failed to identify an obvious hazard.
- Construction can create another source of liability. Excavation, trenching, grading, or other work near a tree can damage its root system and make it unstable even when the trunk appears healthy.
When a tree is located on public property, a public entity may be responsible. However, the Illinois Local Governmental and Governmental Employees Tort Immunity Act provides government entities with certain protections from liability. Whether those protections apply depends on the circumstances of the accident, including the condition of the tree and what the public entity knew about the danger before it fell.
What Types of Evidence Can Show Why the Tree Failed?
The tree itself can provide information about what caused the failure. An arborist may examine the trunk, roots, broken limbs, decay patterns, disease, and surrounding soil to determine whether a dangerous condition developed before the accident. Other useful evidence can include:
- Photographs or videos showing the tree before it fell.
- Images taken immediately after the accident.
- Prior complaints or requests for trimming or removal.
- Tree inspection and arborist reports.
- Landscaping and maintenance records.
- Construction records for nearby work.
- Witness statements.
- Surveillance or doorbell footage.
- Weather records from the time of the accident.
This evidence should be gathered quickly because cleanup crews may cut apart the tree, remove branches, grind the stump, and alter the surrounding area.
Does Severe Weather Prevent You From Bringing a Claim?
Wind, rain, snow, or another weather event may have triggered the fall, but does not necessarily prevent liability. The condition of the tree before the storm still requires examination. For example, a severely decayed trunk or damaged root system may leave a tree unable to withstand conditions that a healthy tree could tolerate. Prior complaints, photographs, inspections, and expert analysis can help distinguish an unavoidable weather-related failure from one involving a hazard that should have been addressed earlier.
Why Legal Representation Can Be Critical
A tree fall case can require an arborist or other expert to determine why the tree failed, while records showing prior knowledge of the problem may remain with a property owner, management company, landscaper, or government entity.
A Chicago injury attorney can arrange an expert inspection before the tree is removed, obtain maintenance and complaint records, identify parties with responsibility for the property, and determine whether nearby construction or previous tree work contributed to the failure. An attorney can then handle the insurance claim and pursue litigation if the responsible party denies liability.
Find Out Your Legal Options
Contact Mark L. Karno & Associates, LLC online or call (312) 701-0090 for a free consultation to discuss the circumstances surrounding your injury.