South Florida Injury Lawyer Blawg
Trees can be a beautiful sight in Florida parks and on private property. However, falling tree branches, exposed roots, and inadequately maintained trees can cause serious injuries to individuals. If you are injured in a tree accident, it is important to seek the help and guidance of a qualified Miami injury lawyer. We can assess the merits of your case and determine whether or not you have a viable legal claim.
When large trees or branches fall on individuals, they can cause injuries such as traumatic brain damage, broken ribs, broken bones, back injuries, fractures, neck injuries, and partial or total paralysis. These injuries can require extensive medical treatment. The most serious tree accidents can result in death.
An individual who has been hurt in a tree accident may be able to take legal action against the property owner or entity that controls the property. These accidents typically fall in the legal category of premises liability. Under Florida law, property owners have a duty to maintain their premises in reasonably safe conditions. This includes tending to trees that may be a hazard to others.
In order to hold a property owner liable for a tree injury, the plaintiff must establish the following elements: i) the defendant had a duty to maintain the premises in a reasonably safe condition; ii) the defendant breached this duty by failing to remedy or warn of the hazardous condition; iii) the defendant was aware or should have been aware of the hazardous condition; iv) the plaintiff’s injuries were a direct result of the defendant’s failure to maintain the premises in a reasonably safe condition; and v) actual damages were incurred by the plaintiff.
If the tree accident occurred on public property, such as a park, the victim may be able to hold the municipality liable. The injured individual would have to show that the government failed to maintain the property in a reasonably safe condition, failed to correct the dangerous condition, or failed to warn of a danger that it was aware of or should have been aware of.
In Florida, there is a cap on the amount of compensation an individual can receive from a government entity through a personal injury lawsuit. However, the legislature does have the ability to grant an exception to this limit when all parties agree that the injured party should be paid a higher amount. Earlier this year, the Florida State legislature approved a settlement for $3.5 million with the family of a teenager who was injured when a branch of a city-owned tree fell on top of him. The incident left the teen paralyzed for life.
Fallen tree accidents can be complex. At the Law Offices of Robert Dixon, our premises liability attorneys can help victims in the Miami area by meticulously gathering the facts of the accident and determining the type of compensation a client can potentially obtain. Our team can zealously advocate for your rights. We are here to answer your questions and address your concerns. We represent clients throughout South Florida. For more information, feel free to call us at 1-877-499-HURT (4878) or contact us online.
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Slip and Fall Lawsuit Against Cruise Ship in Miami-Dade County Dismissed for Not Being Filed on Time, South Florida Injury Lawyer Blawg, September 16, 2015
Side Impact Collisions in Florida, South Florida Injury Lawyer Blawg, September 16, 2015
State Supreme Court Allows Case to Proceed Against Gym in Premises Liability Case, South Florida Injury Lawyer Blawg, September 16, 2015