You may be surprised by how frequently Oakland trees crash to the ground without warning. When this happens, extensive property damage can occur. Sometimes, the tree may strike a person, resulting in catastrophic injuries or even death. In the event of injuries caused by a fallen tree or tree limb, it is essential to contact a lawyer who understands and has experience dealing with the complexities and challenges of these unique tree accident cases. Our Northern California law firm has that experience. Our lawyers are skilled at navigating the pitfalls associated with Oakland tree accident claims. We do not let reluctant insurance adjusters off the hook. If necessary, we will take the case to court with our extensive trial experience. The lawyers of AutoAccident.com believe that negligent property owners should be held responsible when their negligence results in a hazardous condition that causes injuries or death.

Call us for assistance if you or a family member were injured by a tree falling on private or public/government property. It is essential to act quickly to preserve evidence. If you sustained injuries on government/public-owned land, the time limit you must act to preserve your rights is very short, mere months.

Like much of Northern California, Oakland enjoys a Mediterranean climate with warm and dry summers. Strong winds are expected. The combination of dry seasons and significant winds can cause trees and large branches to come crashing to the ground.

The four most common street trees in Oakland are:

• Blue gum (Eucalyptus globulus)
• California Bay (Umbellularia californica)
• Coast live oak (Quercus agrifolia)
• Monterey pine (Pinus radiata)

These large trees can cause severe injuries or death if they are not maintained well and fall or drop large limbs. Falling trees can cause injuries such as:

• Broken Bones
• Neck and/or Back Trauma
• Traumatic Brain Injury (TBI)
• Skull Fractures
• Concussion and Post Concussion Syndrome
• Whiplash
• Internal Injuries
• Paralysis
• Death

Our law firm will provide a no-obligation case evaluation if you were injured by a falling tree. Depending on the circumstances, we may assist you in recovering monetary compensation for your damages. Possible avenues of recovery include:

• Medical expenses already incurred
• Future medical expenses
• Lost wages, including future income or loss of earning capacity
• Pain, suffering, and/or emotional distress
• Loss of enjoyment of life
• If applicable, your spouse may be eligible for damages due to your injuries’ adverse effect on the marital relationship.

California Civil Code states that the tree trunk location determines the owner of a private tree. If the tree trunk is completely contained within one plot of land, that plot’s owner is also the tree owner. However, if the tree trunk is spread between adjacent plots of land, the separate landowners own the tree.

A private tree owner is legally responsible for the maintenance of their trees. If the owner knew (or should have known) of a dangerous condition on their property and did not remedy the hazard, the owner is responsible if the dangerous condition injures another person. Therefore, regular tree inspection and maintenance are essential. It is recommended that homeowners enlist a certified arborist to conduct regular tree maintenance. Knowing how expensive the damages caused by a falling tree could make it easier to justify the cost of such a maintenance service.

The simplest way to establish negligence on the part of a tree owner is to prove that they had “actual knowledge” of the dangerous condition on their property yet did nothing to remedy it. Sometimes an owner will admit to having actual knowledge. Still, if the dangerous condition is clearly visible and in plain sight of the owner daily, this is often enough to establish that the owner had actual knowledge of the hazard.

It is somewhat more complicated to prove “constructive knowledge,” which is a legal concept meaning the owner should have known about the dangerous condition because any reasonable person would have been aware.

Proving owner negligence is the only way to hold the owner liable (legally responsible) for your monetary damages. This is another crucial reason for retaining a lawyer with experience in tree accident cases.

On private property, the owner is responsible for fixing dangerous conditions. If owner negligence is established through actual or constructive knowledge, as discussed in the section above, the property owner will be responsible for injuries and damages caused by the dangerous condition.

Insurance adjusters often try to find an exception for tree accidents, claiming they are caused by an “act of God” or an unforeseeable force of nature. Again, an experienced tree accident attorney can navigate this insurance pitfall. Very few circumstances under which such an accident could be unavoidable and only caused by nature’s unpredictable force. Even when a tree falls during a severe storm, some foreseeability can usually be shown, meaning neglected maintenance was also a contributing factor.

California personal injury claims must be settled in most cases, or a lawsuit filed before the second anniversary of the injury. If the injured person is a minor, the time limit begins once the minor reaches their 18th birthday.

If the tree accident occurred on government/public property, the time the injured person must act to preserve their right to a claim is much shorter, usually only a matter of months. Once again, retaining a skilled attorney will ensure that you avoid any time-limit pitfalls that could affect your right to pursue an injury claim.

Watch the YouTube video, which documents a massive tree that fell in Oakland a few years ago.

Every year, tree accidents result in severe injuries and even deaths. If you or anyone you love sustained injuries caused by a falling tree, please contact us for free and friendly advice at (510) 631-0200 or (800) 404-5400.

^{Editor’s Note: updated [cha 8.8.23] Image by Markus Distelrath from Pixabay mm [cs 1029] cha}