I was injured by a fallen tree - Who is responsible and am I entitled to compensation?
Accidents involving fallen trees are unfortunately not uncommon, especially during strong winds, storms or heavy snow. Such incidents can lead to serious injuries and significant property damage. It is important to know what your rights are, who is liable and how you can claim compensation if you have been injured by a fallen tree.
Who is responsible for a fallen tree?
Responsibility for tree maintenance depends on the location of the incident:
- Trees on municipal land:
The municipality is obliged to maintain the green areas and trees that are located on its territory. This includes regular inspection for dangerous trees, their pruning or removal if there is a risk. If the incident is due to negligence on the part of the municipality, it can be held liable and compensation can be sought from it if a person is injured by a fallen tree.
- Trees on private property:
The property owner is responsible for the trees on their property. If a tree on private property falls and causes damage or injures someone, the owner may be required to compensate the injured party if it is proven that they were negligent in their maintenance.
- Trees on state land:
For trees located on state property, the responsibility lies with the relevant state department or agency that manages the land.
What should you do?, if you are injured in incident with a fallen tree?
Seek medical attention: If you have sustained injuries, seek medical attention immediately. This will not only ensure your safety, but also provide important documentation for claiming compensation after the accident.
Document the scene of the incident: Take photos of the fallen tree, the scene of the accident, and the damage caused. If there are witnesses, write down their names and contact information.
Report: Inform the responsible institution (municipality, owner or state authority) about the incident. This can be done through a written application or complaint. If the tree is in place or in a position with a potential risk of further damage or obstructs the passage of cars and people, report it to the emergency number 112 or to the relevant municipality.
Keep track of all expenses: Keep receipts for all medical expenses if you are injured in a falling tree accident.
How to claim compensation?
You have the right to claim compensation for:
- Property damage: This includes medical expenses, transportation to hospital, and other direct losses.
- Non-pecuniary damages: Compensation for pain and suffering is determined based on the extent of the injuries caused and the impact on your life.
The data for incidents with fallen trees in Bulgaria and the EU
According to safety reports in Bulgaria and the EU, accidents caused by fallen trees increase during extreme weather conditions. In Bulgaria, according to the National Statistical Institute (NSI), these accidents are part of the general statistics for disasters and accidents.
In the European Union, such incidents are often linked to climate change, which increases the frequency of storms and strong winds. In Germany, for example, over 100 serious cases of fallen trees are recorded annually, leading to injuries and material damage.
Fallen tree accidents can have serious consequences, but the law protects the rights of the victims. If you are in a similar situation, do not hesitate to seek your rights and compensation. Consulting with an experienced lawyer or a specialized team in this field, such as that of Delikti.bg, can be crucial for the successful resolution of the case. Contact us.