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  1. #1
    Join Date
    Jul 2013
    Location
    Memphis, Tennessee, United States
    Posts
    1

    Default Loss of Limb Due to a Tree Falling on Car While Driving

    My question involves an injury that occurred in the state of: MS.

    A friend of mine was driving home and a tree fell on her car. She lost her leg, her nose and hand also was broken. Her car was totaled also.

    My question is who is responsible for her medical bills? She has car insurance (only had car for 2 months). She was told that it would be hard to prove that the home owner knew their tree was rotten so she is just out of luck.

    I have no knowledge of the law, but it would seem that the people that owned the tree, home owners insurance should pay for her medical bills. I'm pretty sure her car insurance will take care of her car. What about the loss of her leg, will she receive any compensation for that and if so by who?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: Loss of Limb Due to a Tree Falling on Car While Driving

    My question is who is responsible for her medical bills?
    unless there is more to the story that would prove the owner of the tree was aware of the condition of the tree being a peril, she is liable for her medical expenses.



    She was told that it would be hard to prove that the home owner knew their tree was rotten so she is just out of luck.
    generally, unless a person is aware or should have been aware a tree on their property posed a risk, the owner is not liable for damages cause by the tree.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Loss of Limb Due to a Tree Falling on Car While Driving

    Having just had one of my 100 foot oaks get ripped out of the ground during a storm and come crashing down on power lines, taking out a telephone pole and disrupting/damaging the wiring of 3 houses, I found this nice tidbit that explains the situation well.

    http://techwrite1.tripod.com/samples...cles/trees.htm

  4. #4
    Join Date
    Jul 2013
    Posts
    7

    Default Re: Loss of Limb Due to a Tree Falling on Car While Driving

    Quote Quoting jk
    View Post
    generally, unless a person is aware or should have been aware a tree on their property posed a risk, the owner is not liable for damages cause by the tree.
    Agreed. The tree owner is not likely to bear any expenses in such cases if the situation arises like that.

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