Do I have a case if a ran into a tree that was down in the road?
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Do I have a case if a ran into a tree that was down in the road?
I was driving home in the middle of the night on a road with no street lights. I ran into a tree that had fallen in to the road. It covered the entire road and by the time I saw it was I was unable to stop. This caused damage to my vehicle.
Asked on May 24, 2012 under Accident Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the property owner from whose property the tree fell had notice that the tree was in danger of falling--for example, it was visibly dead, dying, leaning badly, etc.--and did not take steps to reduce the risk, you may be able to sue the property owner.
If the municipality had notice that the street lights were out and, despite a reasonable time or opportunity to fix them, did not do so, and you can show that if the lights had been working, you most likely would have avoided the accident, you may have a claim against the municipality.
Therefore, there are potential claims, but they require showing that there was notice or knowledge of a hazard and an opportunity to correct it, but that despite that, the hazard was allowed to persist.
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