Legal Question in Real Estate Law in California

Possibly under a premises liability theory, or negligence if the tree was in bad condition. (dont know if anyone inspected the tree.) Let me know if you want me to look into it and write a letter.

Regards,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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If the fallen tree were growing in a timber company's 1000-acre tree farm, an "act of God" defense would probably hold up. However, when urban trees fall, especially landscape trees in limited plantings which are easily inspected and maintained by the owner, there is a real, viable issue as to whether the owner was negligent in maintaining the trees. A large tree limb on my property fell on a client's car while we were working on his case. The vehicle was not totaled, but seriously damaged. I knew that at least some of the branches had some decay near their junctions with the trunk. The day was windy but not extremely so. Arguably, bad luck, or an act of God, but there was room to make an argument that I failed to maintain the tree in a safe condition. My insurance company took care of it with not a peep of argument.