Legal Questions

This fact scenario gives rise to a potential premises liability case if someone is injured by the falling branches. Since you have actual knowledge of the dangers posed by the branches, you probably want to cure the dangerous condition to prevent serious injuries. Texas Governor Greg Abbott received a substantial settlement in a personal injury lawsuit under similar circumstances while jogging through a Houston neighborhood years ago.

Try analyzing it this way: 1. Is there a dangerous (or potentially dangerous) condition on your property? 2. Are you presently aware of that condition? 3. Have you taken reasonable action to make the dangerous condition safer? 4. Have you taken reasonable action to warn others of the potential danger? If your answers are yes, yes, no and no then someone hurt by a limb falling from your tree could likely succeed in suing you on a premises liability claim. Those types of claims are largely about what the premises owner knew about a dangerous condition before an injury occurred. Granted some laws have changed and it is now a different environment for tort claimants than when he was injured, but Texas Governor Greg Abbott is in a wheelchair because a tree limb fell on him while he was jogging in River Oaks in Houston. He hired an attorney and sued the homeowner and a tree service, and received a multi-million dollar settlement. Research reputable tree trimming services online and HIRE ONE WHO HAS INSURANCE.

He is right. You know or should know that the limbs are fragile and could fall and hurt someone. Not taking action is negligent in those circumstances. While you probably are covered under your homeowners coverage why not prune the tree and save yourself and passersby headaches and more.

The question is one of negligence. If you have tree limbs that you perceive to be out of control, you have an obligation to take care of that situation. Tree cases are always very tricky because the question becomes who should have done what, if anything. You ought to contact your homeowner's policy carrier to see what they say about this sort of potential loss. They may have particular rules in lace about trees and you really need to be careful if they do not cover such losses. Good luck!