Workplace Accidents

A tree fell on me and hurt me, who’s at fault?

Falling branches and collapsing tree trunks can cause not just property damage, but also physical injuries. A Houston personal injury lawyer would probably tell you that an unexpected emergency department visit, medical bills and lost time at work are just some of the many things that a person could face when injured in a tree fall accident. In some tragic cases, it may even result in wrongful death. When you have been harmed by a falling tree, it could be important to know who’s at fault to see how you might be able to seek compensation.

Is tree fall accident an act of God?

Typically, a tree fall accident is considered an act of God if it was a result of natural calamities. When a healthy-looking tree collapsed due to tornadoes, lightning, storms, floods, and other natural catastrophe, it could be defined as an act of God. Depending on the jurisdiction, the ‘act of God’, or vis major argument can be used as a defense to prove that the owner of the property where the tree is located is not accountable for any damages that resulted from the accident. The defendant will only have to prove that no human influence, assistance or foresight could have prevented the tree fall accident.

When is the property owner accountable?

However, the ‘act of God’ argument cannot be employed in situations wherein the property owner has been negligent in exercising his duty of care. For instance, an owner could be held liable if he knew or was informed that the tree in his property is unhealthy and might pose hazard during inclement weather.

Tree fall accident safety

If you have trees in your property, trimming down unhealthy branches and those that are protruding to the street or a neighbor’s property is one sure way to avert tree fall accidents. However, remember to seek professional help when trimming branches or cutting down a tree to avoid getting into trouble of harming anyone, including yourself.

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In Dealing with Workplace Accidents

It is the responsibility of employers to ensure that their workers remain in an environment that promotes safety and security. This, in turn, allows for workers to be comfortable in their workspace. A healthy workplace is one thought to be a mutual, back-and-forth relationship between two honest parties that work together to better each other. If one of these parties goes awry from the standard then things can get out of balance.

For workers, the negligence of an employer could result into disastrous health-related consequences. Say, for example, a situation that is cited from the website of Williams Kherkher: construction workers can sometimes be exposed to extremely hazardous materials. These materials should have been appropriately removed for the safety of everyone involved, as is the protocol before construction should begin. However, if due to negligence, the worker in question is exposed to substances as toxic as asbestos, the worker is then eligible to claim compensation for this particular plight.

At that point, the issue becomes a matter of personal injury, workers’ compensation more specifically, according to the website of Scudder & Hedrick, PLLC. Injury that is done unto a person instead of property is legally addressed as personal injury. However, due to the rather broad definition of the term, there are many different classifications under it. These classifications can cause some measure of complexity, thanks to the intricacies that surrounds the varying circumstances.

Some people have claimed difficulty in claiming their workers’ compensation. Some employers are too comfortable with the idea of zero accountability, following the injury of one of their workers, or some insurance companies simply do not want to pay out. This demand for justice then allowed for the arrival of lawyers that specialize in the varying subsets of personal injury, in order for these people to be duly represented in a court of law, so that they may be awarded the compensation that is rightfully due them.

If you or someone you know has been injured due to a workplace accident, it is recommended that legal help is acquired in dealing with matters as sensitive such as this.

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