Falling trees, limbs and branches can cause serious injuries, property damage and death. Most often the owner of the property of the tree is liable when damages are caused by a falling tree. However, if the tree that fell or lost a branch was located between the sidewalk and the road, also known as the right-of-way, state or local municipal authorities might also be liable for the incident at issue. Also, construction companies or other workforces that worked near or around the tree may also be liable for damaging the tree’s structural and root integrity.
Notice of Tree Risks
One of the key considerations is whether those responsible for a tree knew or should have known of a risk associated with the tree. For urban and streetscape trees, state agencies and municipal authorities may hold easements over the right-of-way strip between a sidewalk and a street, although that does not relieve a private owner from potential liability. The location of the incident largely determines who is liable and what landowner or entity may own or maintain the property.
In some cases, local property owners and residents may provide direct notice, also known as actual notice, to the responsible party regarding the risks or concern that a tree might fall and cause injuries or worse. Georgia law has established a relatively low threshold for constructive notice in cases involving dangerous trees, which can be things such as rotting and dying branches, moss or fungus growing on the tree, falling or dead limbs, and a host of other problems with a tree. Constructive notice typically involves a scenario where a responsible property owner should have or could have noticed and addressed the hazard. If the dead branch or a decayed tree is visibly obvious, then a land or tree owner may be responsible for failing to address the dangerous circumstances even without receiving direct or actual notice about the safety risk or issue.
Those affected by downed trees likely need assistance understanding the law, documenting obvious issues with the tree and taking the necessary legal steps to hold the proper entities responsible.
Consulting with a premises liability attorney familiar with similar claims can help people with tree damage losses understand their rights. Timely pursuing a claim or lawsuit can lead to financial compensation for property damage expenses, lost income and medical expenses and other damages.