Legal Question in Civil Litigation in Louisiana
Falling Tree Incident
My 20 year old daughter that attends LSU in Baton Rouge, Louisiana was driving down a major thoroughfare adjacent to campus traveling approximately 45 MPH.
A large tree, approximately 22-26'' in diameter, located approximately 66' from the 4-lane road fell. The tree landed directly on top of her vehicle.
Note: The tree was rotted all the way through at the base. Samples of rotten tree obtained, as well as photographs of the tree's location after the incident.
The landowner has been identified and notified of the incident. Upon finding out this information, he immediately turned the case over to the estates Insurance Company. The Insurance Company claims that the tree is
''Not'' located on their property. I intend on hiring a surveyor to survey the property in question to verify ownership.
Do I have any legal recourse to recoup out of pocket medical expenses, vehicle totaled, replacement vehicle??
I sincerely appreciate your help in this matter.
3 Answers from Attorneys
Re: Falling Tree Incident
Yes, you have recourse. You must prove who owned the tree first. Remember you have one year from the incident to file suit.
Re: Falling Tree Incident
Yes, I think you have a cause action. Insurance companies are the first to say "no coverage." I'm in Baton Rouge
Re: Falling Tree Incident
Absolutely.
Get the survey first to prove the landowner, then contact an attorney immediately.
Keep track of the date on the incident because you only have one year from the date of the incident to file a lawsuit.
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