Visitor Question

Tree Fell On Me In Apartment Complex…

Submitted By: Lisa (Plano, TX)

I was walking my dog through an apartment complex and a tree fell on me. The apartment complex management says it is just an act of God. I had to go to the emergency room and I don’t think I should have to pay for it. It wouldn’t have happened if the branch was trimmed.

My husband and I both had to leave work due to this incident and my injuries. Is the apartment complex liable for this or are they correct that it was just an act of God? Is there anything I can do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lisa,

The answer is, “It depends”. The landlord may be correct if the tree fell during a storm, or if some other natural force brought it down. But if the tree fell of its own accord and injured you, the management and owners of the apartment complex are probably liable.

The next issue will be establishing your injuries and the monetary amount of your claim.

Presuming the apartment management and owners are liable, they should be responsible for your medical bills, your out of pocket expenses, such as bandages, prescription antibiotics, and over the counter medications, and your lost wages – not your husband’s, only yours. Finally they also may be liable for a small amount for the pain and suffering you endured.

Before filing a lawsuit or demanding any money you should be sure your injuries are fully discovered. The worst thing you might do is settle the case and accept money only to find out later your injuries were more serious than you initially thought.

There is a 2 years Statute of Limitations, or “time period” in the State of Texas for the filing of personal injury cases. As long as you either settle your case or file a lawsuit within 2 years from the date of your injury your legal rights will be fully protected.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2011

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