Spring Tree Trimming Injury? Find Out If You Have a Legal Case
As temperatures rise, families begin gardening and cutting back their trees to prevent overgrowth and maintain the charm of their yards. However, this routine can oftentimes turn into a cause for injuries for these families and their loved ones. Ladders, chainsaws, falling branches, and overhead power lines can all contribute to severe or life-threatening injuries for individuals attempting to preserve the overall beauty of their home. Understanding the safety risks involved in tree trimming and ways to help prevent injuries is important for maintaining your own and others' safety.
Why Tree Trimming Accidents Are So Dangerous
Tree trimming can become a dangerous task for many families trying to upkeep their homes. The use of tools, unpredictable movements, and sharp branches can oftentimes cause severe injuries to individuals. Objects may fall, ladders may collapse, or debris may drop from above, creating dangerous working conditions. Common hazards may include:
- Ladder instability or collapse
- Falling branches striking a person below
- Chainsaw kickback injuries
- Contact with electrical lines
- Falling from roofs or trees
- Equipment malfunction
Branches that fall usually weigh more than people anticipate. The impact of a falling branch can cause serious injuries, including head traumas leaving victims and their families in a state of fear and anxiety about the next steps to take. In many cases, injuries are severe and may involve:
- Head trauma
- Spinal injuries
- Broken bones
- Deep lacerations
- Electrocution injuries
- Long-term shoulder or back damage
It is important to become aware of these injuries, methods of prevention, and the legal steps to take when experiencing them to help decrease future fear and anxiety.
Situations Where Liability May Exist
Legal claims may arise when an individual or business fails to act with reasonable care under the given circumstances. Negligence may play a key role in granting accountability for injuries caused by tree trimmings. Understanding when to take legal action can help victims receive the care they need to recover. Below are common situations where liability may be considered.
1. Hiring an Unqualified Tree Service
Families will often hire professionals who have prior experience in yard work to cut their trees for the spring. However, when a company lacks the proper training and knowledge on the matter, it can lead to severe injuries for both the workers and the families who have hired them. Examples of this may include:
- Improper cutting technique
- Failure to secure branches with ropes
- Lack of safety gear
- Inadequate supervision
2. Property Owner Negligence
Property owners have a general duty to maintain reasonably safe working conditions for employees they hire to cut their trees. Circumstances that are known to cause hazards should be fixed prior to doing yard work. If a property owner is aware of a dangerous working condition and fails to warn others, then they may be held accountable for the damage caused. The following may be considered instances that require prior warning before tree trimming can occur.
3. Falling Branches Injuring Passersby
Spring trimming usually occurs near sidewalks, streets, and neighboring yards. If a pedestrian, neighbor, or parked vehicle is injured from a falling branch, investigators may examine whether or not adequate safety measures were taken. Examples of this may include:
- No safety perimeter
- No warning cones or barriers
- Cutting during high winds
- Dropping limbs toward public areas
4. Equipment Defects
Faulty equipment may lead to severe or life-threatening injuries for workers, pedestrians, and neighbors. The following may contribute to an incident while trimming trees.
- Defective ladder
- Faulty chainsaw brake
- Malfunctioning safety harness
- Dull or improperly maintained cutting tools
- Broken or unstable tree limbs
- Slippery ground conditions
- Uneven or unstable footing
- Lack of proper protective equipment
A product liability claim may be filed when equipment is defective or begins to malfunction on the job. It is important to document the scene when dealing with faulty equipment, as it can decrease the chances of further questioning in the future.
Workers vs. Pedestrians: Why Status Matters
When dealing with injuries caused by falling tree branches, defective ladders, or user error, it is important to understand who the injured person was when the accident occurred.
A Professional Worker
An employee or a tree-trimming company that becomes a target for an injury may be able to seek workers’ compensation for the damage caused. This would usually cover medical treatment and wage loss benefits.
A Pedestrian or Neighbor
When reasonable safety measures are not implemented, claims of negligence may arise if a pedestrian or neighbor is struck by a falling limb
Steps to Take After a Tree Trimming Injury
Individuals attempting to recover from injuries caused by tree-trimming accidents may be unaware of the next steps to take to pursue a claim.
1. Seek Medical Care
Individuals who have become injured from tree-trimming incidents should seek the proper medical care needed to understand the severity of their injuries and how to proceed moving forward. Injuries that seem minor should also be medically evaluated, as they can worsen if left untreated or ignored.
2. Document the Scene
If possible, victims should take photographs of:
- The tree
- Equipment used
- Ladder placement
- Broken branches
- Surrounding area
3. Identify Witnesses
Victims should identify witnesses and collect names, contact information, and a recorded statement to help gather a neutral perspective of the events during the accident and how the injuries occurred.
4. Report the Incident
Victims of tree-trimming accidents should notify the property owner, company, or insurance provider when it is appropriate to do so.
5. Preserve Equipment
Individuals should preserve any equipment that caused injuries, as it may become important for determining what happened at the time of the accident.
How Legal Guidance May Help
Seeking the proper legal guidance when dealing with injuries caused by tree-trimming accidents may help victims and their families understand their rights, recover from damages, and become aware of the next steps to take. A legal professional may evaluate your case and provide you with the support and care you need to focus on recovering from your injuries.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges victims face when suffering from tree-trimming injuries. Our experienced personal injury attorneys may help clients understand their rights and the legalities of their case. If you or a loved one has suffered injuries from tree-cutting accidents, you are not alone. Contact KAASS LAW today to discuss your options.