If you’ve been injured by a falling tree or branch in Arizona, you may wonder if you have the right to file a personal injury claim. The answer is not always straightforward, as there are many factors to consider. In this article, we will explore the legal options you have if you’re injured by a falling tree or branch in Arizona.
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Negligence is Key
Arizona, like many other states, makes property owners responsible for maintaining the safety of their premises. The legal doctrine of negligence requires a property owner to take reasonable steps to prevent foreseeable harm and warn about any known dangers. This includes falling trees or branches on their property.
If a tree or branch falls and injures someone on their property, the property owner may be liable for the damages caused. However, the injured person has the burden of proving that the property owner was negligent and that their negligence caused the injury.
Proving Negligence
Proving negligence requires evidence that shows the property owner had a duty of care to the injured person, that they breached that duty, and that the breach caused the injury. In the case of a falling tree or branch, this means proving that:
The property owner had a duty of care
In Arizona, property owners have a duty to protect visitors from injuries caused by dangerous conditions on their land. This includes trees or branches that pose a risk of falling. The duty of care extends to all visitors, regardless of whether they’re invited or not.
The property owner breached their duty of care
To prove that the property owner breached their duty, you must show that they either knew or should have known about the danger posed by the tree or branch. This can be proven by showing that they failed to inspect the trees on their property, failed to maintain them properly, or ignored warnings from others about their safety.
The breach caused the injury
Finally, you must show that the breach of duty caused your injury. This means demonstrating that you wouldn’t have been injured if the property owner had taken reasonable steps to prevent the tree or branch from falling.
Types of Damages You Can Claim
If you can prove that the property owner was negligent, you may be entitled to compensation for your damages. This can include:
Medical expenses: This includes the cost of any medical treatment you required as a result of your injuries, including hospital bills, doctor visits, and medication.
Lost wages: If your injuries prevent you from working, you may be able to claim compensation for the income you’ve lost.
Pain and suffering: This includes any physical or emotional distress you’ve suffered as a result of your injuries.
Property damage: If the falling tree or branch damaged your property, you may be able to claim compensation for the cost of repairs.
What You Should Do If You’re Injured
If you’ve been injured by a falling tree or branch, there are several steps you should take to protect your legal rights:
Seek medical attention immediately.
Take photos of the scene, including the tree or branch that caused the injury.
Obtain the contact information of any witnesses.
Notify the property owner of the incident.
Contact a personal injury attorney to discuss your legal options.
Conclusion
If you’ve been injured by a falling tree or branch in Arizona, you may be entitled to compensation for your damages. To do so, you must prove that the property owner was negligent and that their negligence caused your injury. If you need legal advice, consult with an attorney who specializes in personal injury cases to protect your rights and explore your options.