Maria Cruz (Full Name: Maria De La Luz Cruz) Died In Anaheim’s Pearson Park After Large Tree Fell Onto Her SUV
ANAHEIM, CALIFORNIA (February 22, 2023) – A woman identified as 62-year-old Maria Cruz was killed in Anaheim’s Pearson Park after a 60-foot bur oak tree hit her Ford Explorer SUV.
Orange County police officials are saying that the accident took place on Sunday afternoon. Maria Cruz was inside the backseat of a Ford SUV when the large tree fell directly on her vehicle.
Firefighters and paramedics were called to the scene in order to help Maria De La Luz Cruz and extricate her from the vehicle. Rescue workers were able to remove the victim from her vehicle.
Despite life-saving measures, Maria Cruz was pronounced dead at the scene. She was apparently at the park with family when the accident took place. Though, reports indicate she was the only one in the SUV when the tree fell.
Crews arrived at Pearson Park to begin removing the tree. A forensic arborist will begin the process of examining the tree in the following week.
A full investigation into the Pearson Park accident that killed Maria Cruz remains ongoing at this time.
Liability For Anaheim Park Accidents Involving Falling Trees
Trees in public parks may seem totally innocuous. But they can become a lethal hazard when they are not properly cared for. In fact, dozens of people are killed every year in accidents involving falling trees. Every tree is different and thus requires a different level of care. For example, bur oaks are susceptible to fungal disease known as bur oak blight. This disease can weaken the structural integrity of the tree and leave them more prone to falling over. There are many other signs that tree caretakers should look for which could indicate a tree might fall over.
- The tree may have dead branches and minimal vegetation.
- The tree may have a cavity in the trunk of the tree.
- The tree may have deep cracks or missing bark at the trunk.
- The tree may show signs of insect infestation.
Pursuant to California Government Code 835, a public entity could be liable for a dangerous condition on public property. A dangerous condition may exist if the trees in a public park are not being properly cared for and are prone to falling over. Cities like Anaheim have a legal duty to properly care for the trees on their property. They must hire a certified arborist to do periodic inspection of the trees on their property. When city officials have actual or constructive notice that a tree is in a dangerous condition, they must take action. Failing to do so could form the basis of a negligence claim.
Consider, for example, Smith v. County of San Mateo (1943) 62 Cal.App.2d 122, 144 P.2d 33. In this case, a tree fell onto a cabin in a public campground and killed an occupant in the cabin. Based on court records, there was substantial evidence that the trees on the property showed obvious signs of being “dead and partly rotted and were in constant danger of falling.” This was also true of the particular tree that fell. Accordingly, San Mateo County was found liable for failing to maintain the park in a safe condition. There are many steps that should be taken after any accident involving a falling tree.
- A statement from all eye witnesses should be taken.
- Maintenance records for the park where an accident took place should be sought.
- The tree that fell should be examined by a forensic arborist.
- A thorough investigation should be conducted.
Far from being “freak occurrences,” accidents involving falling trees are often predictable. The fact that natural conditions like the wind or rain may have contributed to a tree falling over does not demonstrate that the tree was being properly cared for. The family of any person that is killed by 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 emotional distress. A tree safety expert can examine all of the unique facts of your case and let you know what your legal options are.
Investigating An Anaheim Accident Involving A Falling Tree
We at TorkLaw extend our deepest condolences to the family of Maria Cruz. Any person that may have more information about what happened should reach out to investigators. There needs to be a thorough investigation into what happened for the sake of the victim’s family. They deserve to know what went wrong. It is our sincere hope that city officials will examine all of the trees in this area so that steps can be taken to prevent similar tragedies.
Do you need more information about an accident involving a falling tree in Anaheim? Our team of tree 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 any incident we are here for you. You can reach out to us anytime at (888) 441-4991. Se habla español.
