Elderly Woman Died In San Francisco Accident Involving Falling Tree At The Golden Gate Park
SAN FRANCISCO, CALIFORNIA (January 16, 2022) – An elderly woman has tragically died after she was hit by a falling tree while walking in the Golden Gate Park in San Francisco.
San Francisco police officials are saying that the accident took place around 5:15 p.m. on Saturday. The elderly woman was walking when she was hit by a large tree branch near John F Kennedy Drive and 30th Avenue in Golden Gate Park.
A passing jogger noticed the woman and called 911. Paramedics were called to the scene of the accident in order to help the woman.
Despite life-saving measures by first responders, she was pronounced dead at the scene. Police confirmed that the tree involved belonged to San Francisco’s Parks and Recreation Department.
A full investigation into the Golden Gate Park tree accident remains ongoing at this time.
Liability For San Francisco Tree Fall Accidents
Accidents involving falling trees that injured someone may seem like freak occurrences, but they are unfortunately common. It has been estimated that nearly 100 people are killed every year in the United States after being hit by a falling tree. Far from being freak occurrences, it is often easy to predict that a tree will fall within a certain period of time or under certain conditions. What follows are some of the signs that a tree or tree branch is likely to collapse.
- A tree is likely to fall if it has dying or diseased roots.
- Falling branches are a sign that a tree may become unstable.
- Splits or cracks in the trunk of a tree will typically get bigger until the tree falls over.
Property owners have a legal responsibility to maintain their premises in a reasonably safe condition. Pursuant to California Government Code 835, a public entity is liable for an injury caused by a dangerous condition on public property. For a negligence claim to be successful, the plaintiff must establish that (1) the property was in a dangerous condition at the time of the injury, (2) the injury was proximately caused by the dangerous condition and (3) the dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred.
Furthermore, the dangerous condition must have been created by a wrongful act or omission of an employee of the public entity working within the scope of their employment. Or, the public entity had actual or constructive notice of the dangerous condition and sufficient time prior to an accident to protect against it. A city’s Parks and Recreation Department should hire a certified arborist to conduct periodic surveys of the trees that it cares for.
If a city fails to conduct surveys of the trees on its property, this could amount to negligence. After a survey has been conducted, problematic trees should be identified and corrective action may need to be taken. For example, certain branches on a tree may need to be removed. In some cases, a tree may need to be removed all together. There are a number of steps that should be taken after any accident involving a fallen tree.
- Surveillance of the accident should be sought.
- Survey notes of a tree that fell should be reviewed.
- Medical records should be preserved.
- Work records from a city’s Parks and Recreation Department should be examined.
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 pain and suffering. Unfortunately, cities like San Francisco will often fight extremely hard to deny liability for any accident involving one of their trees. This is why it is so important that all evidence is properly preserved after any incident.
Investigating A San Francisco Tree Fall Accident
We at TorkLaw extend our deepest condolences to the family of the woman that was killed in Golden Gate Park. Any person that may have more information about what happened should reach out to investigators. It is our sincere hope that steps are taken to prevent other tragedies like this. A certified arborist should examine all of the trees in the area to make sure that they are not in a dangerous condition.
Do you need more information about a San Francisco accident involving a falling tree? 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 investigation into any incident we are here for you. You can reach out to us anytime at (888) 441-4991.
