Philadelphia Injury Attorney Blog

The experienced tree fall injury attorneys in Philadelphia at Reiff & Bily have seen firsthand the devastating injuries that may be caused by fallen trees and tree branches, and, in most of these cases, there is someone responsible.

In a Virginia case, a truck reversing struck branches on a nearby tree dislodging a large limb which fell and struck the plaintiff on the head causing a spinal cord contusion. Initial injuries resulted in paresthesia from the neck down. Three years after the accident, the victim underwent fusion surgery to his cervical spine, C3-C6, to address those symptoms. The victim, according to reports of the case, now suffers from a lost range of motion in his head and continues suffering from numbness in his limbs as well as has difficulty walking and grasping things in his non-dominant hand.

The victim sued the driver of the concrete truck alleging that he failed to keep a proper lookout and was negligent in striking the branches, as well as the owner of the truck under Respondent Superior liability theory for the driver’s negligence. The defendants denied liability and filed a counterclaim against the victim’s brother and property owner claiming that the victim’s brother was acting as a spotter for the truck and he had done so negligently and the property owner was negligent because he failed to prune the tree limb properly causing it to fall. Defendants further argued that the victim was contributorily negligent for standing behind the truck. After the verdict, defendants filed a Motion to Set Aside the Verdict and the parties subsequently settled for $2.5 million dollars.

With the seasons about to change I am continually thinking about weather and its effect. Whenever wind is predicted, I find myself worrying about many different things. Will the wind be strong enough to knock out the power? More importantly, what damage could all the falling trees outside my home and around my car cause?

Every year, fallings trees impact millions of people around the country. It is a problem that occurs in every season and in every state. While wind may be out of our control, the problems Philly tree fall accidents cause could be within your control. Whether it’s a tree falling on your car, roof, or on you, there is something you can do.

With wind and rain comes liability and there are many things you can do to gain control over the situation. As a homeowner, it is important to be aware of trees presenting a danger of falling. If you have a tree that is in bad shape, maybe has weak branches, stress cracks, or hollow or decayed areas, and you do not do anything about it, if it comes crashing down, you could be held accountable for damages. As an experienced catastrophic injury attorney, I advise all property owners to regularly survey their land for potentially dangerous trees - before it is too late.

If a tree on your property damages your home or car, it will be up to your insurance company to handle the claim. If someone else’s tree damages your car, you may need to contact your automobile insurance to find out about your comprehensive coverage. Keep in mind whose tree fell and if it could have been prevented. When a property owner has reason to know or should have known that a tree posed a potential danger of causing a falling tree fall accident, you may have a much larger and profitable claim.

It is also always important to keep in mind that more than property damage can be caused by falling trees and extreme bodily harm is always a possibility when trees are flying around. In fact, the experienced investigators and lawyers at Reiff and Bily are currently working on a case where a woman suffered a traumatic brain injury because of a falling tree. For this woman, like many, it was a normal day when she dropped off her children at day care. The next thing she remembers is seeing white, and a man asking her for assistance. The tree that fell on her was the worst injury of her life. When we sat down to talk to her she was suffering terrible headaches, loss of memory, and constant nausea. Her life, unlike damage to a car or home, will never be the same.

If you or a loved one has sustained an injury or have property damage because of tree fall accidents, it pays to contact an experienced Pennsylvania tree accident lawyer to handle the case. The legal team at Reiff and Bily is well versed in your rights as a tree fall victim and we will not let the insurance company or their representatives minimize the injuries that nature and another’s negligence has caused you. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com for a free, no obligation consultation.

Our hearts and prayers go out to the family of 23-year old Mary Katherine Ladany who was struck and killed by a large tree branch while jogging in Fairmount Park in Philadelphia, PA on the evening of August 5th. According to news sources, it appears that Ms. Ladany was listening to her iPod while jogging and may not have heard a 30-foot long branch fall from a tulip tree, also known as Poplar.

In 1980, I handled one of my first significant injury and damage cases involving a decayed tree on a Philadelphia residential property that fell and crushed a center city real estate agent. Cases dealing with the liability of property owners for damages caused by falling trees can be quite complicated. The Restatement 2nd of Torts notes “a possessor of land in an urban area is subject to liability related to persons using a public highway for physical harm resulting from his or her failure to exercise reasonable care to prevent an unreasonable risk of harm arising from a condition of trees on the land near the highway." The results of the proposition that holds that a land owner or property owner may be liable if he has actual or constructive notice that the tree is in a decayed condition or in fact, there is an alteration to a natural condition that creates a hazard to innocent persons or passersby on adjacent property. In general, the owner of the land located in or adjacent to an urban residential area has a duty of reasonable care to prevent defective trees from posing a hazard and resulting catastrophic injury or wrongful death to others on adjacent land. Therefore, it follows that the possessor or owner of the urban residential land who has actual or constructive notice of the defective tree has an affirmative duty to take corrective action to protect the plaintiff on the adjacent land.

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