Just about every single privately-owned house, city street, and public park is home to many different kinds of trees which, when correctly looked after, increase property values, give much-needed summertime shade, and make outdoor spaces easier to enjoy.
The state of Connecticut is particularly full of tree-lined streets, state forests, and parks. Although trees offer an obvious bonus to those who like to spend time outside as well as homeowners, if they are not rightly cared for, they could turn into a genuine safety risk and a possible legal liability as well.
The state, its municipalities, and private landowners are able to be held responsible if anyone is injured or killed as the result of a felled tree limb. According to the legal concept of premises liability, the owner of a property has an obligation to alleviate any possible hazards. Property owners have a responsibility to maintain any property they own in a safe condition.
Where a tree happens to be located is a crucial detail when it comes to ascertaining whether a municipality a landlord had the responsibility of inspecting and fixing a possibly hazardous tree limb.
Those who own roadside property are obligated to examine and keep an eye on any trees by the roadside that could be a danger to pedestrians or passing vehicles. In some cases, this duty might fall on the state or the town. Certainly, it isn’t possible or reasonable to expect a rural landowner to scrutinize each tree that is on their property just to ensure it isn’t in danger of falling over, but if a tree is in a well-traveled area and it falls onto a sidewalk or into a street, the landlord or even the town can be held accountable.
The Law of Public Nuisance
The courts in the state of Connecticut have implemented the rules of legal negligence along with the law of public nuisance to cases of personal injury caused by fallen tree limbs. It is, consequently, an issue of the tree’s location, the severity of the danger presented, and the ease with which it could have been prevented that ultimately decides who is responsible for a fallen tree limb.
When it comes right down to it, in any legal matter that you come across in which you would like to receive a favorable outcome, your odds will be greatly improved by retaining the services of a quality lawyer. From navigating a deluge of time-sensitive paperwork to understanding legal jargon and looking for loopholes, there is no way to compare the effectiveness of an individual who is completely untrained in these areas to the effectiveness of a top-rated attorney.
If you have been injured due to another person’s carelessness, negligence, or maliciousness, you need to contact a personal injury attorney as soon as you can. Here at Moynahan Law Firm, our attorneys are prepared to respond aggressively to your claim and to see to it that you get the full amount that you deserve for your damages. If you would like to discuss your personal injury case with one of our experienced attorneys, then please reach out to us at (203) 597-6364 today.