Knee injury from a fallen tree

Asked about 6 years ago - Boston, MA

A tree fell on my daughter on sunday 11/16, the tree is in my front lawn which is on the owners property. she suffered from a knee injury and is on crutches. i would like to know what my legal rights are

Attorney answers (2)

  1. Bruce H Murray

    Contributor Level 11

    Answered . Assuming you are not the owner of the tree your daughter may have a cause of action against the owner of the tree. In order for her to have a viable claim it would have to be shown that the tree owner knew or should have known the tree was in a dangerous condition. Typically as a s result of disease, damage or decay. She would be able to recover for things such as medical bills, lost wages, pain and suffering, partial and/or permanent impairment, any disfigurement such as scarring, and other damages. To provide a more thorough answer I would need more details about the incident and her injuries. Feel free to contact me directly if you have any further queestions.

  2. Jessica Ann Foley

    Contributor Level 14

    Answered . Hi,

    It depends on a lot of different factors, the most important one is whether or not your neighbor knew, or should have known that the tree was damaged, rotten, falling down etc. If there is evidence that the tree was unsafe, you most likely have a cause of action. That being said, you should consult with an attorney to assess your case.

    Jessica

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