Falling Trees: Who’s Responsible?

We’ve all seen how Southern California has been pounded with rainstorms over the past few weeks. The weather has been out-of-character for what is normally sunny Los Angeles.

You may have noticed that the increased rainstorms have caused another issue: downed trees. So it begs the question, who is responsible when a tree collapses and causes property damage or worse, serious injuries?

The answer—like many legal answers—is it depends.

For starters, the City of Los Angeles has an urban forest of over 800,000 trees. Many Los Angeles trees are 80 years old and older. We have many beautiful, shade-producing trees in Los Angeles.

Sometimes the trees get sick. The Department of Urban Forestry is supposed to conduct routine inspections of all the city’s trees. But do you think that actually happens? Often, city trees are only inspected if a citizen complains and brings the sick tree to the attention of the city. Even then, the issue can be ignored.

Sadly, city trees are responsible for causing thousands of dollars in property damage every year. While that would be bad enough, worse things have been known to happen. Tree limbs collapsing can cause serious bodily injuries, and even death.

It’s important in a tree injury case to utilize the assistance of a certified arborist to help diagnose what went wrong with a fallen tree. My office has experience working with some of the best experts out there. Tree roots are also responsible for many of the serious sidewalk issues we see in Los Angeles too.

If it turns out that a city tree caused property damage or personal injuries, a government claim must be filed with the city before filing a lawsuit. Claims against government entities can be tricky and have different, unique timelines. So it’s important to consult with an attorney who is knowledgeable about these particular procedures. If a tree collapsed on private property causing injuries or other damages, a claim can often be made against the individual’s homeowners insurance policy.

Trees falling down are no joke! If you or someone you know was injured by a falling tree limb or downed tree in Los Angeles, contact an attorney as soon as possible.

My office is ready to assist, 24/6.