Legal Question in Personal Injury in California

Re: Walked into tree - liability issue??

You can take them to small claims court if you prefer. Better have good photos of the condition to convince the judge that the owner was negligent in leaving the limb stub in place. Also a diagram showing the width of the walk and where the stub was relative to it.

Small claims jurisdiction extends to $7500 today.

Re: Walked into tree - liability issue??

You need to supply more information. How much were your medical bills, will the provider seek repayment, will your auto med pay provision apply [probably not even though you were heading to your car --see above discussion as to rear-ended individual], did you have any symptoms or restrictions after you got out of the hospital, any wage loss, etc. You need to figure out what your case might be worth [are you a senior citizen so a fall is more dangerous to you, etc.]. How bad was the cut, do you have any pictures of it, any scarring, how important is that, are you still employed so it would cost you money to go to Small Claims Court [assume will take about half a day], etc. You would have to sue where the golf course or corporate headquarters are. How much is a free night and two rounds worth [probably about $300+ if private course and would you use them?].

Judges often do not give very much for pain and suffering. It might be better to try to gt them to increase their offer instead of going to Court. And you don't have the greatest case. Why would you be walking within 4" of the tree trunk, not see the branch, not be more careful around tree since you are taller than the average person and for fire suppression purposes limbs only have to be cut if they are less than 6' from the ground you for many trees you would know you have to duck when you pass under their limbs, etc. The judge is also going to assume that anyone who can afford to play golf at a private course has health insurance so probably is not out of pocket more than $20. Often they give a little [compromise] to each side, especially where liability is uncertain, so the judge might find them at fault but only charge them a few hundred dollars. My guess, based upon very limited information, is that it is not economically worthwhile to sue.

Re: Walked into tree - liability issue??

You have two thorough and competent answers from my colleagues.

I would also add that the major point, from my experience, is that the law strongly takes the position that if something is there, and you can see it, you better have a darned good reason for not seeing it. This is true whether the injured walked into a hole, slipped and fell over something that should have been seen and avoided, or a situation like yours. The answer you quote from the "owning company", which was probably from its insurance carrier, is the one which will most likely be favored by the court.

From your facts, you are likely to lose.

Sorry!