You should feel safe walking through a park or along a city sidewalk. However, you can get seriously injured by falling trees and branches, which do account for some serious injuries every year in Missouri. Getting into these accidents on public property, you often face legal issues that differ greatly from private property incidents. Understanding your rights under Missouri law can make a crucial difference in your recovery process.
Who is responsible for tree maintenance on public land?
In Missouri, you expect the government to keep public spaces safe, but they may experience limits to this duty. Complainants can’t sue cities and counties since the Missouri Governmental Tort Immunity Act protects them. But these protections are not ironclad, and you might have a valid claim if you can show:
- The government knew the tree was dangerous
- Officials had enough time to fix the hazard
- The dangerous tree caused your injury
- The government didn’t act properly
Missouri law says public entities must take care of trees on their property. Courts have decided that if a city knows or should know about a dangerous tree, it must act reasonably to fix it.
What evidence do you need after a tree-related injury?
You should act quickly after you get hurt to increase your chances of getting compensation. Good documentation is key to your claim:
- Take photos of the fallen tree or branch and the area around it
- Get contact information from any witnesses
- See a doctor right away and keep all your medical records
- Report the incident to the right government agency
- Keep track of all your talks with officials
- Note the weather when the incident happened
Missouri’s Sovereign Immunity Law says you must give written notice of claims against government entities within 90 days of the incident.
How Missouri’s comparative fault system affects your recovery
Missouri uses a “pure comparative fault” system. Your compensation decreases based on your responsibility percentage. Even if you are partly at fault, you can still get damages, but they will be less. For example, if you ignored warning signs about tree work but the government didn’t secure the area, both affect your recovery.
An attorney who knows Missouri’s governmental immunity laws can help you figure out who’s liable. You need to carefully analyze the mix of maintenance duties, weather, and notice rules, and they can ensure you meet all procedural needs. So, you can make sure that whoever is responsible will compensate you for your injury.
