In Washington, D.C., trees add beauty. In the summer months, long branches can provide shade on hot days. However, tree liability in DC can become a source of contention when they cause property damage or injury. The key in a tree liability case in DC is determining who is responsible. Whether the defendant is a public or private entity has significant implications regarding your case. If you are suing a private entity, you may have more time to act. However, if you are suing the District of Columbia for injuries or the death of a family member, you need to act quickly. The reason is that specific statutes in DC require that you place the government on legal notice within a tight time frame of the injury. As DC is the entity that writes the laws, they are free to make it more challenging to make a claim against them.
Our DC personal injury lawyers have represented thousands of injury victims in the District. From pedestrian injury cases to wrongful death lawsuits, we have handled a wide range of cases and recovered over $150,000,000 for our clients. If you are in an accident where a tree falls on your car, contact our office today for a free consultation. to discuss the steps you should take, whether you are the administrator of an estate or a closely related family member of a decedent.
Private citizens have a duty to remove trees that may be a hazard to themselves or others. Cutting trees down is more expensive than one might expect, which leads to people procrastinating on this issue. However, falling trees or branches can be deadly, and addressing the issue immediately is paramount to protecting those around you.
The vast majority of trees in Washington, D.C., are the property of the DC government. Tree liability in DC is an issue seldom spoken about. However, severe injuries can ensue if an entire tree or branch falls on someone. As DC personal injury attorneys, one of our first questions to a potential client is whether the District was ever put on notice of the hazardous condition. This is a rule that permeates throughout personal injury law. Generally, the local government will be put on formal notice of the hazard by letters from neighbors. The government should preserve these letters. Once the government is on notice, they have a duty to address the risk within a reasonable time. A reasonable time depends on what a jury believes. Typically, in a tree liability case, a dangerous tree should be addressed within a week.
If the DC government fails to remove the tree, trim it, or place warning signs around it, which is less likely, they have breached a legal duty. They are liable for injuries causally related to the tree falling on a pedestrian or vehicle.
There are a plethora of common issues with trees in Washington, D.C., that concern both those around trees and the DC government.
The most common issue with trees in DC is when they cross over property lines. This is outside the scope of what we handle as DC personal injury lawyers, but it is worth briefly addressing as owners can be required to trim the branches. A neighbor may do this when a branch hangs over their respective property line. However, this must be done without damaging the health of the tree. We recommend consulting with an arborist prior to acting by yourself.
Tree liability in DC is complicated by root damage. Roots can cause damage to sidewalks, foundations, and underground facilities. If you own any of these properties and observe root damage, speaking to an attorney is critical.
Fallen trees due to negligent maintenance, either by a public or private actor, necessitates speaking to a DC personal injury lawyer immediately. Damages from fallen trees and debris can cause life-altering injuries. In general, the owner of the property on which the tree sits is not responsible if the tree is knocked over in a storm. However, if the tree was in poor condition, there may be liability against the property owner. If the tree fell irrespective of weather and merely due to deteriorating conditions, and the property owner was on legal notice that the tree was in poor condition or unstable, and nothing was done to address the condition, the owner may be liable for any resulting damages. In this instance, a tree liability attorney at Gelb & Gelb will assist you in navigating the claims process. For a wrongful death,
As alluded to above, if you are making a claim or suing the District of Columbia for tree liability, it is crucial to put the District on notice within 60 days of the injury. A failure to do so may bar your right to recovery. Additionally, statutes may apply to your case, limiting how much you can recover. Our DC personal injury attorneys are acutely aware of all relevant statutes and will work with you to recover as much as possible to maximize your compensation. We understand this is a difficult time and are here to navigate you through this process as simply and effectively as possible.
Our tree liability personal injury lawyers have over 70 years of experience practicing tort law in DC. Call our office today at (202) 331-7227 for a free consultation.
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