If you were injured or a loved one died in an accident involving a falling tree or tree limb, you may have grounds to file a lawsuit against the owner of the property. Tree hazards can cause serious to catastrophic injuries and deaths. If someone could have prevented the disaster where you were injured or a loved one was killed, they may be legally and financially responsible.

The Morgantown personal injury lawyers at the Robinette Legal Group, PLLC have the resources and experience to handle tree hazard serious injury and death cases. Find out how we can help you today, starting with a free consultation.

Common Injuries From Falling Trees and Limbs

The immense weight of a tree or falling tree limb can cause serious injuries to victims who are in its path. The tree can strike the head or back of a victim as it falls, potentially causing catastrophic injuries such as brain damage or paralysis. Crush injuries and broken bones are also common, as are fatalities.

tree hazards cause injuries and death in west virginia

Injuries often associated with tree hazards in West Virginia include:

Expensive property damage is also a common issue associated with tree hazards. A victim with a serious injury from a dangerous tree or tree limb may never be the same. The incident may cause permanent physical or cognitive disability, as well as scarring, disfigurement, and psychological trauma. The lifelong costs of this type of accident can be immense.

Do You Have Grounds for a Claim?

You and your family may be eligible to file an injury claim or wrongful death lawsuit if someone else had the power to prevent or repair the tree hazard but negligently failed to do so. This type of lawsuit generally takes the form of a premises liability claim against the owner of the property where the tree was growing. Negligence in premises liability law is the careless maintenance or use of a property, resulting in injury or harm to visitors.

In West Virginia, property owners have a responsibility to be aware of potential risks that could lead to falling trees or limbs, such as:

  • Hazard tree. A tree that is rotten, dead, or has other issues that create an excessive risk of the tree or its limbs falling.
  • Dangerous position. A tree that, should it fall, poses a foreseeable risk of injury or damage from its position over a person, home, structure, or vehicle.
  • Tree failure. Some part of the tree or where it sits in the soil has an issue, resulting in a risk of the branches or entire tree falling.
  • Bad weather. A storm or inclement weather compromises the integrity of the tree, such as uprooting the tree or weakening limbs.

If these risks exist, the property owner has a legal responsibility to detect them within a reasonable amount of time and remedy the hazard, such as by calling in professionals to fall the tree or trim dangerous limbs. The failure to do so, resulting in a serious injury or death, could place financial responsibility – or liability – on the property owner.

The Importance of Hiring an Attorney

Determining liability for an injury or death from a tree hazard can be difficult – as can going up against a property owner’s insurance company for fair and full financial compensation. A premises liability attorney in Morgantown can make the legal process easier and more effective. Hiring a lawyer removes the burden of legal action from your shoulders, allowing you to focus your full attention on getting better. Your lawyer can use aggressive negotiation strategies to obtain maximum recovery for your present and future losses.

Request Your Free Consultation in Morgantown, West Virginia

If you were recently injured or a loved one died due to a tree hazard in Morgantown, speak to the compassionate and experienced attorneys at Robinette Legal Group, PLLC about your right to file a lawsuit. Your family may be eligible for financial compensation. Although a monetary recovery does not resolve everything, it can help you and your family move forward with less financial stress. Call (304) 594-1800 or contact us online today to request your free consultation with one of our attorneys.

Call us today to find out how we can help you.

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Our Case Results

Brain Injury

While timbering in WV, a heavy equipment operator sustained a permanent brain injury while performing the duties of his job. What price can you put on the loss of a fully functioning, fully reasoning brain? Jeff Robinette was able to negotiate a settlement that was annuitized to provide for this man for the rest of his life.

Carbon Monoxide Death

A newly-married couple moved into a rental property late one evening, switched on the thermostat in their new apartment, and was overcome within hours by carbon monoxide from a faulty furnace pipe. One of the parties died, and several others in the same building were taken to the hospital to be treated for extreme toxic exposure. Mr. Robinette was able to obtain for two of the families a substantial settlement that far exceeded their expectations.

Car Accident Injuries

Jeff Robinette was hired by a young woman who had sustained permanent injuries to her foot due to an auto collision. The insurance company offered such a small amount and dealt with her in such a dismissive manner that the treatment of her case amounted to bad faith on the insurance company’s part. Jeff was able to obtain a substantial settlement which allowed this young woman and her husband to pay medical bills, buy a car and a home, and start building a future together.


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Jeffery Robinette
Jeffery Robinette
Jeffery Robinette is a West Virginia Personal Injury Lawyer based in Morgantown who represents individuals who have been seriously injured or killed due to motor vehicle collisions or catastrophic workplace accidents.
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