Falling Tree Branches and Premises Liability Claims

Heavy rains and thunderstorms have already hit the Austin area several times this year. The wind that accompanies many of the storms can be strong enough to break tree branches and uproot healthy trees. However, rotting or dead trees do not stand up in a strong wind and are also prone to fall at any time. If they do damage to property or cause injury, they may become the basis for a premises liability lawsuit.

Recently New York City paid several million dollars to settle a lawsuit after a falling tree limb seriously injured a woman in a city park. In the case, inclement weather was not the cause. The branch was just so rotted that it fell from the tree crushing the woman sitting below on a bench. Over the past ten years, at least 10 lawsuits have been filed based on deaths or injuries caused by falling limbs and branches in New York City.