Jose Gonzalez Injured When Giant Eucalyptus Tree Fell Onto His Castro Valley Home —> GoFundMe Created To Help Victim And His Family
CASTRO VALLEY, CALIFORNIA (January 30, 2022) – A man identified as Jose Gonzalez was injured when a giant eucalyptus tree fell onto his Castro Valley home.
Alameda County officials are saying that the accident took place at the victim’s home on Sandy Street. Jose Gonzalez was in his home with his wife and four children when a large eucalyptus tree crashed through the roof of the house.
The man was pinned against his sofa by the tree. He was taken to the hospital with major injuries including broken bones and will need to learn to walk again.
To make matters worse, the family is no longer able to stay in their home due to the extensive damage. Neighbors have started a petition for Alameda County officials to take action so that similar accidents can be prevented.
You can help support Jose Gonzalez, his wife Heather and kids through GoFundMe. County officials claim that the eucalyptus trees are the responsibility of the homeowners.
However, it was the county that planted them in the first place, according to one neighbor.
Liability For Property Damage Caused By Castro Valley Eucalyptus Trees
California is dotted with eucalyptus trees throughout the state on both private and public land. While these trees are very beautiful, they can be particularly dangerous – especially when they are not regularly inspected or properly cared for. Eucalyptus trees grow to be very tall and they have a naturally shallow root system. This makes them much more likely to topple over than most other species of tree. There are a number of signs that a eucalyptus tree may fall over.
- The tree is leaning precariously in one direction.
- The bark is falling off.
- The tree show signs of rot or fungus.
- The tree has damage from termites or other bugs.
Depending on the facts of any case, a homeowner may be able to seek damages caused by a falling tree that either (a) damages their home or (b) results in bodily injury. For example, a city may be required to pay a homeowner for damage to their home caused by a tree through an inverse condemnation action. This action may be taken when the planting of trees was the result of a “public improvement” project. Consider, for example, Mercury Casualty Co. v. Pasadena.
A city could also be liable for damages of a tree that it planted under a nuisance theory of negligence. Pursuant to California Civil Code, § 3479, a nuisance can be understood as “anything which is injurious to health . . . or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.” Where liability for nuisance is based on a failure to act or omission, a plaintiff will be required to demonstrate negligence.
Liability For Personal Injury Caused By Castro Valley Eucalyptus Trees
A municipal entity like Alameda County could potentially be liable for any injury accident involving a falling tree. Pursuant to California Government Code 835, a city could be liable for any accident caused by a dangerous condition on public property. A dangerous condition could exist if a tree is not being properly maintained and it falls and hits someone. In general, cities or counties should hire a certified arborist and perform periodic inspections of the trees on their property. Even if a tree was not on public property when it fell, a government entity could be liable for personal injury or death when that tree was part of a “public improvement” project.
There are at least two scenarios where a government entity in California may face liability for a public improvement that results in injury or death. (1) The public improvement plan was not approved by either a legislative body of the public entity or employee exercising discretionary authority. (2) Planning immunity may be dissolved when evidence shows that a public improvement plan changed physical conditions which thereby produced a dangerous condition of which the public entity has actual or constructive notice. See, for example, Baldwin v. State of California. There are a number of steps that should be taken if someone is injured by a falling tree in Alameda County.
- The government agency that planted the tree that fell should be identified.
- Photos of the accident site should be taken.
- Medical records should be preserved.
- A thorough investigation should be conducted.
Any person injured by a falling eucalyptus tree may have legal recourse through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain ands suffering. Unfortunately, though, it is extremely common for government entities in California to deny all liability when anyone is injured by a tree that they plant. A personal injury attorney can examine all of the unique facts of your case free of cost and let you know what your legal options are.
Investigating Accidents Involving Falling Eucalyptus Trees
We at TorkLaw extend our best wishes to Jose Gonzalez and his family as he continues to recover. Any person that may have more information should speak with investigators. This was a preventable tragedy that should have never taken place. It is our sincere hope that Alameda County officials will do the right thing and remove all of the eucalyptus trees in the area that pose a public safety hazard.
Have you or someone that you care about been injured by a falling tree in Alameda County? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any questions that you may have. We care deeply that accident victims get the medical and financial support that they need to recover. Whether you just have legal questions or need any type of support we are here for you. You can reach out to us anytime at (888) 441-4991.
