Tree Base Cover Trip and Fall Injury Lawyer

Trees and large plants are an attractive addition to a street or walkway, but they need be secured by a foundation of soil and mulch. This is not a big problem in back yards or wide, open areas like public parks. But these areas cannot be exposed if the trees are planted in high traffic locations, like city sidewalks. Tree base covers, also known as tree grates or tree metal covers, help solve this problem by creating a hard, flat layer around the tree base. The grates also allow air and rainwater through the holes, which are necessary to keep the tree strong and healthy.

Tree grates are a necessary safety measure for property owners, but they can also be the source of an accident. The most common accident associated with tree base covers are trip and falls, which can happen due to the tree grate’s condition or the way that it was installed. If you’ve tripped on a broken or defective tree grate and were injured as a result, you must speak with an attorney right away. Monetary compensation may be available for your physical and emotional injuries, but you must act quickly to ensure that your lawsuit is filed on time. To speak to a lawyer with experience in trip and fall accident lawsuits, contact our office and schedule a free consultation.

Common Causes of Tree Base Cover Trip and Fall Accidents

If tree base covers are supposed to keep us safe, then why are they so dangerous? In most cases, it’s not the tree grate itself that can cause an accident. Instead, it’s the way that they’re installed and/or maintained by the property owner. Below are the most common causes of trip and fall accidents related to tree base covers:

• Improper Installation
• Raised cover
• Crooked / askew tree cover
• Bent tree cover
• Loose tree cover
• Cover left behind after tree removal

Metal covers that are left behind after a tree removal are especially dangerous. If the plant is missing altogether, there is a space in the middle of the cover, resulting in feet falling through the hole. However, even if a tree is in place, these covers are almost always bent or misplaced. If there is any kind of defect with the tree base cover, it can certainly cause someone to trip and injure themselves. These defects can occur from wear and tear, but a lot of problems can be traced back to improper installation. For example, the grate may not be flush with the bearing surface, or the grate isn’t screwed on tightly enough to keep it from moving out of place.

The owner should be checking their property on a regular basis and resolving potential hazards as soon as possible. If they’re unable to fix the tree grate right away, they can put up a clear and visible sign warning people to stay away. When owners do not take the needed precautions, they are responsible for the injuries that occur as a result of their negligence.
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Injuries from a Tree Grate Trip and Fall Accident

Tree metal covers are usually made from cast iron, so they will not flex or bend when someone trips over them. As a result, unsuspecting victims are vulnerable to many serious injuries, including:

• Fractures in the feet and ankles
• Broken nose and other facial injuries
• Scarring and disfigurement
• Concussion
• Traumatic brain injury
• Knee injury (dislocated kneecap, torn ACL / MCL)
• Hip fracture
• Whiplash and other neck injuries
• Spinal cord damage
• Fractured / dislocated shoulder
• Broken collarbone
• Broken ribs
• Nerve damage
• Paralysis
• Death

Fatality is not something we often associate with falling down, but the force of a trip and fall accident can have devastating consequences on your body. Spinal cord, neck, and head injuries are the most common cause of death for trip and fall victims, especially if they’re over the age of 60. That’s why you should always see a doctor right away if you’ve been injured in a fall-related accident.

Most victims also suffer from emotional injuries associated with the trauma of their accident. Emotional distress cannot be underestimated, as it can manifest into mental health disorders like depression, anxiety, and PTSD. Compensation is needed for therapy, medication, and other treatments to help manage these conditions. To get started on an injury claim for a trip and fall accident, contact our office and speak with one of our attorneys.

Can I Sue if I was Injured by Tripping over a Plant Base Cover?

Yes, you can sue the property owner for a tree base cover trip and fall if your accident meets the following conditions:

• You had a legitimate reason to be on the property.
• There was a dangerous condition on the property that the owner knew about or should have known about (loose tree base cover, tree cover missing a plant, etc.).
• The hazardous condition caused an accident that resulted in bodily injuries.
• Your injuries caused you economic and non-economic damages.

Proving any of these elements can be complicated if the property owner is unwilling to admit fault. Or, they may try to minimize their liability by saying you were at fault for the accident or that your injuries are not that serious. It’s more than likely that you’ll be offered a low settlement by their insurance company and feel like there’s no choice but to accept their offer. However, you do have the choice to retain a lawyer and fight for the monetary compensation you deserve. An experienced personal injury lawyer can gather evidence, conduct an investigation, and build a solid case to support your injury claim.

To learn more about the lawsuit process if you were injured by a tree base cover, please give us a call at your earliest convenience.

What can I Receive from a Trip and Fall Injury Lawsuit?

We mentioned economic and non-economic damages in the above section, which are the categories of compensation that you can demand in a trip and fall injury lawsuit. Below are the damages that you may be eligible to receive:

• Medical expenses for your bodily injuries
• Cost of therapy for mental health issues
• Pain and suffering
• Lost wages or lost earning capacity
• Property damage
• Legal fees
• Punitive damages

Punitive damages can make up a substantial part of a settlement award, but they’re very difficult to win. First, they are only applicable in cases of gross negligence, meaning the defendant’s conduct that led to your accident was especially outrageous. Second, there is no limit to the amount of punitive damages you can be awarded, so it’s hard to determine what you should ask for. You also need extensive legal experience with trip and fall lawsuits, which is why many lawyers lack the skill and confidence to ask for punitive damages. That’s not the case with the lawyers of Normandie, who have many years of recovering punitive damages for qualifying clients. We will fight for every dime you are entitled to and will not rest until you are fairly compensated for your injuries.

Statute of Limitations for a Trip and Fall Lawsuit

Personal injury lawsuits have a statute of limitations, or the time period in which a victim can sue for monetary restitution. In California, the statute of limitations for a trip and fall injury lawsuit is two years from the date of the accident. For a wrongful death claim, surviving family members or loved ones of deceased victims have two years from the date of death to sue for compensation.

If you don’t file a lawsuit within the 2-year period, you will lose your chance to recover monetary damages, even if you have a strong case. Extensions may be granted, which our attorneys can discuss with you, but they are only allowed in rare circumstances. That’s why it’s essential to call an attorney right away if you’ve been injured by a defective or improperly installed tree base cover.

Lawsuits for Wrongful Death Compensation

Fall-related accidents are responsible for almost 700,000 deaths every year, according to the World Health Organization. It’s a devastating consequence for the victim’s loved ones and family members, who are left with various financial and emotional losses. These damages may be recovered through a wrongful death lawsuit, which includes the following:

• Funeral costs
• Medical expenses
• Pain and suffering
• Loss of expected wages / benefits
• Loss of inheritance
• Loss of consortium
• Legal fees

Which damages you qualify for will depend on your personal circumstances and your relation to the decedent. To make sure that you are fairly compensated for your unexpected loss, contact our law firm and speak with a wrongful death compensation lawyer.

The Los Angeles Trip and Fall Attorneys of Normandie

Most people are unaware of how serious a trip and fall accident can be, since we trip over things all the time. But our previous clients can tell you about the tragic aftermath of tripping over a metal tree cover, and the struggle to receive compensation from the responsible party. They will also tell you about the importance of legal representation, and working with an attorney who has your best interest in mind.

You may be aware of this already, but the idea of legal fees is keeping you from making that call. There’s no need to worry about that when you choose Normandie Law Firm, since we work under a Zero Fee guarantee. We promise that you will never be charged with any upfront payments. All our fees are deferred until the end of your case, because the only way we get paid is if you get paid. If we don’t win your case, we eat the costs and you walk with zero responsibility for our legal fees.

Now that we’ve put your mind to rest, please give us a call at our office as soon as possible. We look forward to working with you and fighting for the settlement you deserve.