Firestorm Wildland Fire Suppression Inc. Wildland Firefighter Darin Banks, of Redbluff, Died In Accident Involving Falling Tree During Wildland Operations In Tuolumne County —> GoFundMe Setup To Support Victims Family
TUOLUMNE COUNTY, CALIFORNIA (April 10, 2022) – A firefighter identified as Darin Banks has died after being hit by a falling tree while working to prepare an area for a prescribed burn.
Tuolumne County police officials are saying that the accident occured on May 6th. Darin Banks was one of several firefighters working to prepare an area for a controlled burn.
At some point during the operation, a dead tree suddenly fell onto the victim. Life-saving measures were taken to help Darin Banks, but he died due to the severity of his injuries.
The firefighter is survived by a 4-year-old son, a mother, siblings and grandparents. You can help support his family through GoFundMe.
According to the fundraiser, “On Friday, May 6th, Firestorm Firefighter Darin Banks, of Red Bluff, California, tragically died after being struck by a dead tree that unexpectedly fell. Darin was assigned to a Type II Initial Attack Hand Crew working to prepare an area for prescribed burning in Tuolumne County.”
Liability In Toulumne County Accidents With Falling Trees
Accidents involving falling trees may seem like a freak occurrence, but they are unfortunately quite common. The Occupational Safety and Health Administration (OSHA) estimates that nearly 100 people are killed every year in the United States in accidents involving trees. Far from being freak occurrences, there are a number of signs that indicate a tree might fall.
- Trees are more likely to fall if they have mushrooms growing around the root.
- Trees are more likely to fall if they have rainwater pooling around the base.
- Trees are more likely to fall if they are leaning with cracked or buckling soil.
- Trees are more likely to fall if they have decay or hollow pockets.
When a worker is injured or killed on the job, they or their family will typically have recourse through a worker’s compensation claim. The worker’s compensation system in California is a no-fault system. In other words, there is no need to demonstrate that one party acted negligently for a worker or their family to receive benefits. They can file an Application for an Adjudication of Claim. In general, California law bars worker’s from filing a negligence claim against their employer if they are injured on the job. But the family of a deceased worker may be able to file a third party liability claim.
A third party liability claim could be possible if an entity separate from a worker’s employer contributed to an accident. For example, the owner of a property could be liable for an accident if their property was in a dangerous condition. According to California Civil Code 1714, “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” If a property owner knew (or should have known) that a tree was in a dangerous condition and failed to act, they could be liable if someone is injured or killed by that falling tree.
Consider, for example, the lawsuit against the city of Whittier after one person was killed and another was critically injured by a falling tree. A family from San Pedro was taking wedding photos at Penn Park when two people were hit by a falling Blue Gum Eucalyptus tree. The city had no policy in place to inspect trees on its property and failed to notice a tree was in serious decline. According to court documents, there were open and obvious defects with the tree for more than 10 years prior to its total collapse. The city eventually settled with the family for $28 million. There are a number of steps that should be taken after any tree accident.
- Photos of the accident site should be taken.
- A certified arborist should examine the remains of the fallen tree.
- Records of inspections for the trees in the accident site should be sought.
- Eye witnesses should be interviewed.
- A thorough, independent investigation should be conducted.
The family of any victim that died in an accident with a falling tree may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Potential beneficiaries can include a victim’s children, parents and spouse. Unfortunately, cities will often fight hard to deny liability for any worker killed by a falling tree. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Tuolumne County Accident Involving A Falling Tree
We at TorkLaw extend our deepest condolences to the family of Darin Banks. Any person that may have more information about what happened should reach out to OSHA investigators. There are many questions that need to be answered. Did city officials know about this dead tree? Did they perform periodic inspections of the trees in this area? Why wasn’t this tree removed? It is our sincere hope that steps are taken to help prevent other accidents like this.
Do you need more information about an accident involving a falling tree in Tuolumne County? Our team of workplace safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 441-4991.
