Recently, a tree fell on a road in Great Falls Virginia crushing a car and its occupant. The tree was decayed and it was obvious that the landowner had not done a reasonable inspection of the tree. In fact, there were multiple trees on the property that were decayed, and had to be cut down after the incident. So - one might think that the driver would have a wrongful death case against the owner of the property who failed to inspect this trees, and keep them in a safe condition. Unfortunately, Virginia law states that a landowner has no duty to people on adjacent property, including public roads. In other words, even though the landowner did not properly maintain his tree, and that failure likely caused this innocent person to die, there is no case against the landowner when their tree falls on adjacent property. Had the injured party been on the landowner's property, and been crushed by the landowner's tree, he would have had a case . Go figure!
If you or a loved one think you may have a case, call the personal injury lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. One of our lawyers will talk to you, and discuss the law in the state where the incident occurred to see if you have the right to recover. You should not conclude just because Virginia law would not have been favorable to you, that another state's law would not be. Every state's laws are different, which is why it is important to consult with a lawyer.