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Camping Injuries: Who to Sue if a Tree Falls on You
Reuters ^ | 7-11-12 | Andrew Lu at FindLaw.com

Posted on 07/11/2012 3:37:09 PM PDT by SJackson

You probably can't sue if you're struck by lightning, but you may be able to sue if a tree falls on you while camping.

At first blush, both may seem like random acts of God. However, while lightning strikes are probably completely unpredictable and happen in an instance, the fact is that trees usually take some time to fall and there are steps that a park can take to prevent injury.

As the summer camping season kicks up, you are sure to read about camping injuries and tragedies. If you have been hurt, you'll want to know whether you can bring a lawsuit for your camping injuries. In many cases, you may be surprised that someone could be held liable for acts of nature.

Last year, campers were killed by fallen trees, waterfalls, and bears. Parks that encourage campers to visit have some responsibility to protect their visitors just as a restaurant or retail store would have responsibility to keep their premises safe too.

Under the legal theory of premises liability, an entity that invites others onto their property or offers a service for money, could be held responsible for injuries that happen on the property. For example, a park that runs a campsite, should take steps to check trees that are at risk for falling and take steps to cut these trees down before they accidentally fall on an unsuspecting camper. Also, if a rainstorm is about to hit, a park could forewarn tourists not to hike up a trail that may be safe when dry, but treacherous when wet.

(Excerpt) Read more at reuters.com ...


TOPICS: Local News
KEYWORDS: treefallsintheforest

1 posted on 07/11/2012 3:37:17 PM PDT by SJackson
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To: Iowa Granny; Ladysmith; Diana in Wisconsin; JLO; sergeantdave; damncat; phantomworker; joesnuffy; ..
If you’d like to be on or off this Outdoors/Rural/wildlife/hunting/hiking/backpacking/National Parks/animals list please FR mail me. And ping me is you see articles of interest.
2 posted on 07/11/2012 3:38:06 PM PDT by SJackson (The easiest way to find something lost around the house is to buy a replacement)
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To: SJackson

I’d like to sue Reuters for this crappy article.


3 posted on 07/11/2012 3:40:43 PM PDT by occamrzr06
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To: SJackson
You probably can't sue if you're struck by lightning, but you may be able to sue if a tree falls on you while camping.

What if it doesn't make a sound?

4 posted on 07/11/2012 3:40:47 PM PDT by Alex Murphy (http://www.freerepublic.com/focus/news/2898271/posts?page=119#119)
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To: Alex Murphy

No worries.. you’ll make a sound.


5 posted on 07/11/2012 3:46:41 PM PDT by cableguymn (For the first time in my life. I fear my country's government.)
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To: SJackson

How many time has a tree fallen when all that have been near it never expected it’s collapse.

I have. I have had a large pine (a good 5 plus feet in girth) that one morning just fell without as much as a warning. Roots were intact the day before and no violent weather caused it’s demise except for gravity.


6 posted on 07/11/2012 3:50:14 PM PDT by jongaltsr
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To: cableguymn

Depends. Big enough tree, the only sound you’ll make is a squishing one. . . (evil grin)


7 posted on 07/11/2012 3:51:14 PM PDT by Salgak (Acme Lasers presents: The Energizer Border. I **DARE** you to cross it. . . .)
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To: SJackson

“while lightning strikes are probably completely unpredictable and happen in an instance”

Rooter copy editors (not) at work.


8 posted on 07/11/2012 3:54:20 PM PDT by AndrewB (FUBO)
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To: jongaltsr

Obviously your tree fell because of global warming. I mean climate change.


9 posted on 07/11/2012 3:54:47 PM PDT by Feline_AIDS (A gun in hand is better than a cop on the phone.)
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To: SJackson
"Who to Sue if a Tree Falls on You"

"Slip and fall" lawyers rank very high on the list of maladies slowly eating the guts out of our society.

10 posted on 07/11/2012 4:02:15 PM PDT by Flag_This (Real presidents don't bow.)
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To: SJackson

this has nothing to do with the article, it been going around on facebook— of a bull shark

http://www.youtube.com/watch?v=ZcuYjDR2tSg&feature=plcp


11 posted on 07/11/2012 4:05:11 PM PDT by chicken head
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To: Alex Murphy
What if it doesn't make a sound?

If a man is in the woods and his wife isn't around to hear him, is he still wrong?

12 posted on 07/11/2012 4:08:57 PM PDT by dfwgator (FUJR (not you, Jim))
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To: SJackson
If you ever wonder why things in this country are going to hell, this story epitomizes the cause.

It's not my fault. It's not my responsibility. Where's my lawyer?

13 posted on 07/11/2012 4:09:30 PM PDT by pfflier
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To: SJackson

More sleazy ambulance-chaser type lawyers....


14 posted on 07/11/2012 4:13:09 PM PDT by Apple Pan Dowdy (... as American as Apple Pie mmm mmm mmm)
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To: SJackson

If you or someone you know have been made stoopitter after reading a Rooters article please dial 1-800-FREELDR from your 0bama phone now.


15 posted on 07/11/2012 4:23:06 PM PDT by Repeat Offender (Why do cops have more lenient ROEs when facing us than troops in combat facing suicidal islamists?)
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To: occamrzr06
I’d like to sue Reuters for this crappy article.

In the olden days crappy articles like this one served a crappy purpose out in the great outdoors, but no more in our virtual reality world.

16 posted on 07/11/2012 4:25:13 PM PDT by Uncle Chip
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To: SJackson

“while lightning strikes are probably completely unpredictable and happen in an instance”

And if an “unpredictable” lighting strike hit a tree in yesterday’s storm and the injury the tree suffered is not not noticed, and 36 hours later the top half of the tree keels over, on someone, is/was the campsite responsible; and were they negligent in not flooding the park with hundreds of inspectors to survey every tree as soon as the storm ended the day before? If that is what is expected, most campsites would have to close - public or private - because they would be uneconomical to operate; either for paying the extra staff, or humungous insurance premiums.

I myself was “mugged by a tree” a number of years ago, on a street not far from my home, when unbeknownst to anyone, the largest and oldest nearby tree decided it was time to die, and crushed me and my car as I stood at the back end of the car. Major injuries resulted, some results of which will remain with me, the rest of my life.

When some neighbors pressed me to “sue the city” (the base of the tree stood between the curb and a sidewalk), I asked them: “tell me how much you want your taxes to go up, and I’ll be happy to get the money from you”.

On public property, true negligence, true failure to do something that a reasonable person would be expected to do, or deliberate failure to act in a timely manner must be shown; which includes, someone reasonably should have known they needed to act.

An old tree dies. I can’t even blame G-d. It’s just what is. Why is it everyone mistakenly thinks it must always be someone’s definite fault; that always there must be someone who can be blamed. It’s a disease in our culture.


17 posted on 07/11/2012 4:31:44 PM PDT by Wuli
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To: SJackson

Sue your mother for not aborting an idiot!


18 posted on 07/11/2012 4:45:37 PM PDT by dalereed
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To: Wuli

OTOH, Freund would have said that, somewhere within your being, you felt the need to get squashed by a tree limb. Thank our lucky stars that Freund was discredited years ago.


19 posted on 07/11/2012 4:57:54 PM PDT by Silentgypsy (If you love your freedom, thank a vet.)
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To: Silentgypsy

Uh oh—Freund=Freud!


20 posted on 07/11/2012 5:00:10 PM PDT by Silentgypsy (If you love your freedom, thank a vet.)
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To: SJackson

It’s long since become a way of life in the Era of Big Government - anything unpleasant happens in life, anything at all, and it must be someone else’s fault. Get a lawyer and sue.


21 posted on 07/11/2012 5:22:33 PM PDT by Jack Hammer
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To: chicken head

cool! Was that a shark? /s


22 posted on 07/11/2012 7:12:28 PM PDT by bramps (Newt was the one, but Romney will do.)
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To: jongaltsr

It committed cedarcide.


23 posted on 07/11/2012 7:44:27 PM PDT by Salamander (I wanna hurt you just to hear you screaming my name.)
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To: jongaltsr

Wife and I were backpacking in Bandelier NM. She was maybe 60 feet ahead on the trail. It was snowing pretty heavily.

Spruce about 18” at the base fell across the trail between us. No cracking or snapping sounds. Tree just fell down.

It did make a sound when it fell.


24 posted on 07/11/2012 7:55:30 PM PDT by Sherman Logan
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To: chicken head

Whoa! Didn’t see that coming!


25 posted on 07/11/2012 8:34:19 PM PDT by free me (Roberts killed America)
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To: dalereed

” Sue your mother for not aborting an idiot”

Lol!!!


26 posted on 07/11/2012 8:55:19 PM PDT by goseminoles
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To: dfwgator
If a man is in the woods and his wife isn't around to hear him, is he still wrong?

If a tree falls on a mime in the forest, and there's no one around to hear, does the mime make a sound?

27 posted on 07/11/2012 8:55:48 PM PDT by Alex Murphy (http://www.freerepublic.com/focus/news/2898271/posts?page=119#119)
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To: Sherman Logan
It did make a sound when it fell.

Well that answers HALF of the question.

Guess we will never know for sure if nobody was present that it would have failed to make a sound.

However I know for a fact that regardless of whether a Bear Sh**s in the woods, it definitely smells if you are or are not there.

28 posted on 07/12/2012 5:18:09 PM PDT by jongaltsr
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To: Alex Murphy
What if it doesn't make a sound?

It will make a sound. The last one you'll ever hear.

29 posted on 07/15/2012 5:15:43 AM PDT by Locomotive Breath
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