When a tree falls and blocks a walkway, the sudden obstruction can quickly become a tripping hazard. You may have a strong injury claim if a property owner, city, or maintenance contractor failed to remove a fallen tree within a reasonable time or ignored warning signs that made the tree likely to fall. California law allows injured pedestrians to recover compensation when hazardous conditions should have been corrected sooner.
Who Can Be Liable When a Fallen Tree Causes a Trip and Fall?
Liability depends on who controlled the property and who had the duty to keep walkways safe. In California, several parties may be responsible:
- Private property owners who must inspect their property and remove unsafe conditions.
- Cities or counties that maintain public sidewalks, parks, and rights-of-way.
- Tree trimming or maintenance companies that performed negligent work or created the hazard.
Each party has its own set of obligations. When they miss warning signs or fail to respond to reports of fallen debris, they may be held responsible for the injuries that follow.
The Role of Notice: Actual vs. Constructive Knowledge
To hold a property owner or public entity liable, you must show the responsible party knew, or reasonably should have known, about the fallen tree.
Actual Notice
Actual notice means someone reported the fallen tree, or the owner directly observed it. Once notified, they must correct the hazard within a reasonable time.
Constructive Notice
Constructive notice applies when the hazard existed long enough that a property owner or city should have discovered it through routine inspection. For example:
- The fallen tree was large and blocked a walkway for hours or days.
- Foot traffic had already walked around it, leaving visible paths.
- Weather conditions made fallen branches highly foreseeable.
We help show how long the hazard was present by gathering witness statements, video footage, 911 call logs, and maintenance records.
Inspection Duties on Private Property and Public Land
California law expects those responsible for property to take reasonable steps to keep walkways safe. That includes:
- Inspecting common areas at regular intervals.
- Removing fallen branches or trees once they are discovered.
- Calling professional tree services if a tree appears damaged or unstable.
- Documenting maintenance cycles and responding promptly to reports.
Public entities also follow specific inspection and repair procedures. These procedures can be central to proving whether the city acted reasonably or whether it failed to follow its own policies.
Dangerous Condition Standards Under California Law
A fallen tree or large branch can qualify as a “dangerous condition” when it creates a risk that is not trivial and would not be obvious to a typical pedestrian. Examples include:
- A tree blocking a sidewalk in low light
- Rotting debris that blends into the pavement
- A branch partially buried under leaves or grass
- A fallen tree near a driveway or curb cut where pedestrians step down
To meet California’s dangerous condition standard, we look at the size, location, visibility, and the likelihood that a pedestrian would trip without seeing the obstruction.
Proving the Hazard Existed Long Enough to Establish Liability
Timing is one of the most important elements in a trip and fall case involving a fallen tree. To show that the owner or city should have responded sooner, we gather:
- Time-stamped photos and videos from nearby homes or businesses
- Weather reports showing storms, wind, or conditions that should have triggered inspections
- Maintenance logs from the city or property manager
- Statements from neighbors or nearby workers
- Records from tree maintenance companies
If the hazard was present long enough that a responsible party should have removed it, liability becomes much easier to establish.
Other Parties Who May Share Responsibility
In some cases, fallen tree hazards result from negligent maintenance. This could involve:
- A tree service that trimmed branches improperly
- A contractor who left debris in a walkway
- A homeowners’ association that ignored repeated complaints
Shared liability may increase the potential compensation available, especially when one party is underinsured or denies responsibility.
When You Should Consider Filing a Claim
You should consult an attorney if you tripped on a fallen tree and suffered injuries such as fractures, soft-tissue damage, or head injuries. A claim may be appropriate when:
- The hazard existed long enough that someone should have removed it.
- The city failed to respond to prior complaints.
- A property owner ignored signs of tree rot or instability.
- A maintenance company created or worsened the hazard.
We can assess the evidence, determine who was responsible, and pursue compensation for your medical bills, lost income, and other losses.
Protect Your Rights After a Trip and Fall
If you were injured because a fallen tree created an unsafe walkway, Casper, Meadows, Schwartz & Cook can help you understand your options. Our team investigates the hazard, identifies liable parties, and builds the evidence needed to support your claim. Contact us today to learn how we can help you move forward.