Scenario
When a tree falls and causes serious injury, one of the first questions is: who’s responsible? The answer depends on where the tree was located, who owned or controlled the property, and whether there was any warning the tree was unsafe. At Casper, Meadows, Schwartz & Cook, we’ve handled cases against homeowners, cities, and private contractors—because each can be held liable if their negligence contributed to a preventable tree failure.
Potential Liable Parties
- Homeowners – Duty to maintain safe trees under California law.
- Public Entities – Cities and counties are accountable for public space hazards—even if they contract with landscaping companies.
- Third-Party Contractors – Arborists or landscapers hired to care for trees—and whose work may be substandard.
Insurance & Negligence Explained
- Homeowner’s Liability Insurance often covers negligence claims involving trees.
- To prove liability, though, we show:
- A duty existed (proper tree maintenance),
- The duty was breached (e.g., ignored rotted roots, failed to prune according to industry standards),
- The breach caused measurable injury.
Legal Tools at Our Disposal
- Local Codes Violation – Unpermitted pruning or lack of mandated reports can show negligence.
- Contractor Responsibility – Public entities can still be responsible for a negligent outsourced crew.
- Arborist & Meteorologist Evidence – Establish timeline and root cause of the accident.
Firm Verdict Spotlight
We recently represented two women who were seriously injured when a tree collapsed during a farmers market event. Our investigation revealed that the tree had been improperly planted and later damaged during city work—with no inspection afterward to assess the risk. Despite early claims that the collapse was unforeseeable, we proved otherwise. The jury awarded our clients $8.16 million. Cases like this show what can happen when obvious hazards are ignored—and how accountability can lead to justice.
Takeaway
Tree-related injuries aren’t just “nature’s fault.” Clearly, property owners, public entities, or contractors can be held responsible. We untangle liability threads to make sure you get the compensation you deserve—reach out for a free consultation.