Trim Your Trees — Avoid Liability!

In a recent case, Ortiz v. Jesus People, USA, 210 Ill. App. LEXIS 1221 (1st Dist. 2010), the court found the defendant corporation liable for damage caused by a tree on defendant’s property.  Specfically, the tree had a large tree limb that extended over a public sidewalk.  The plaintiff was riding her bicycle on a windy day, stopped on the sidewalk under the tree, and was severely injured when the limb suddenly broke and fell on her. 

The plaintiff sued the the corporate defendant, as well as the city.  The court determined that the city was not responsible for the tree or its limbs, since the tree was located on private property.  However, the jury found the corporate defendant at fault.  The jury felt that because of the type of the tree (a particularly brittle variety) and the general condition of the tree, the defendant could have reasonably foreseen that a limb would break off.  The jury found that the corporate defendant was negligent, and ordered the defendant to pay $686,000 to the plaintiff. 

What’s the bottom line?  You need to maintain the trees on your property and make sure they do not damage anyone or anything else!  Otherwise, you could be liable!