Tree climbing refers to the physical act of climbing a tree, whether for purposes of performing maintenance on the tree or other work related tasks, or for simple recreational purposes. For instance, a person may need to climb a tree in order to perform the job task of trimming the branches.
Tree climbing is also frequently performed by hunters, who climb trees in order to install a platform or other type of harness as a means of creating a perch to use while hunting.
Although it may seem obvious, tree climbing accidents are accidents that involve the act of climbing trees. Most often tree climbing injuries typically involve injuries related to a fall.
Tree climbing injuries can occur for various reasons, including:
- Safety Equipment Failure: Tree climbers often rely on ropes, harnesses, and other safety equipment in order to prevent falling. As such, equipment failure, such as the rope breaking or carabiner failure can lead to falls;
- Loss of Footing or Grip: No tree is like another, as such a tree may contain hazards, such as slippery surfaces, unstable or older branches, which can result in climbers losing their footing or grip and falling to the ground;
- Tree Height: One of the major reasons for tree climbing accidents involves the height of the tree being climbed upon. If a climber falls from a significant height, then they will suffer a more severe tree climbing injury; and/or
- Other Inadequate Safety Measures: Failing to use safety equipment properly, neglecting safety protocols, or improperly anchoring oneself or another, can all increase the risk of tree climbing accidents.
Injuries from a tree climbing accident can often be serious and may include injuries, such as:
- Minor to severe cuts and abrasions;
- Muscle sprains and strains;
- Head, neck and spine injuries;
- Broken bones, including broken arms and legs;
- Injuries related to being electrocuted, if an individual falls on a nearby power line; and/or
- Deaths have also been associated with tree climbing accidents, especially if an individual or child falls from a significant height.
Who Can Be Held Liable for a Tree Climbing Accident?
As far as who can be held liable for a tree climbing accident, that will be determined on the circumstances surrounding each individual’s accident. In general, most tree climbing accidents occur as a result of negligence or carelessness.
In terms of legal liability, this means that the person that is injured may be able to sue the party responsible for their injuries if they can prove that party’s negligence or carelessness resulted in their injury.
In order to be successful in a negligence lawsuit caused by a tree climbing accident, the plaintiff (i.e. the person alleging another party harmed them) must prove that:
- The defendant owed a duty.
- In a tree climbing case this generally involves the plaintiff asserting that a defendant had a duty to maintain the tree or prevent foreseeable accidents, such as children climbing on a well known climbing tree.
- Generally, these negligence claims will fall under the personal injury theory of premises liability on a public park, etc.;
- The defendant breached that duty by not taking steps and extra measures in order to ensure the safety of the property containing the tree;
- The defendant’s failure to exercise reasonable care resulted in an injury to the plaintiff; and
- The plaintiff suffered quantifiable damages from the tree as a direct result of the defendant’s breach.
Additionally, tree climbing accidents and injuries can sometimes involve the liability of another person besides the tree climber or property owner. For instance, liability for a fall can sometimes be attributed to climbing equipment failure. For example, if the tree climbing accident resulted from a defective rope, harness, carabiner, climbing shoes, or other devices, then the plaintiff may file a product liability claim against the equipment manufacturer.
In other cases liability for a tree climbing accident may be traced to other parties, such as a supervisor or manager, especially if the tree climbing was a required job task. If the injury occurred during work, then the employee may hold their employer responsible for the injury under employment laws. For instance, the employee may file a workers’ compensation claim for injuries suffered as a result of a work accident.
Are There Any Legal Remedies for a Tree Climbing Accident?
Once again, any person injured as a result of tree climbing may be able to file a civil lawsuit to recover the damages that they suffered as a result of another party’s negligence, recklessness, or defective product. The most common remedy for tree climbing accidents is a monetary damages award.
Examples of common damages that may be included in a tree climbing accident case include:
- Medical Expenses: Plaintiffs may be able to recover damages related to medical bills including surgery, hospital stays, physical therapy, and other related expenses;
- Future Medical Expenses: Plaintiffs may also seek to recover the costs associated with their future medical treatment and expenses if the tree climbing accident resulted in an ongoing personal injury;
- Lost Wages: If a plaintiff was unable to work or had to miss work due to their injuries, they may also be able to recover the wages they lost as a result of their injuries;
- Punitive Damages: In cases in which there was a failure to warn by the manufacturer of climbing or safety equipment, punitive damages may also be issued by the court to punish the manufacturer;
- Property Damages: In some cases, a tree climbing accident is the result of a tree that was degrading falling over resulting in damages to the tree climber and nearby property. Additionally, in some cases a tree maintenance business may cut a tree that falls onto someone’s property, such as a house or car. In these cases, the owner of the damaged property may sue for property damage;
- Pain and Suffering: Plaintiffs may also be entitled to damages for the physical pain and emotional suffering that they have experienced as a result of their injuries; and/or
- Wrongful Death: In rare cases in which the tree climbing accident resulted in the death of the climber, the estate of the climber may bring a wrongful death suit against the manufacturer of a defective climbing product or the party responsible for the wrongful death.
- In a wrongful death lawsuit, the survivors of the tree climber might be able to recover damages to compensate them for funeral and burial expenses, loss of consortium, past medical expenses, pain and suffering, and punitive damages.
Finally, if tree climbers were affected by defective climbing equipment then the injured individuals may all seek to form or join class action lawsuits.
Do I Need a Lawyer for Help with a Tree Climbing Accident Legal Claim?
As can be seen, tree climbing accidents involve various laws, which require proving various different levels of liability. As such, if you find yourself in a situation where you or your child were injured as a result of tree climbing, it may be in your best interests to consult with an experienced personal injury attorney.
An experienced personal injury lawyer will be able to determine if you have a viable case, and who you can sue to recover for your injuries. Further, an attorney will also be able to help you navigate through the various legal issues of your case, and initiate a civil lawsuit against the responsible party. Finally, an attorney will also be able to represent you in a court, as necessary.
