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Personal Injury--Actions, Defenses, Damages

Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

27-139 Personal Injury--Actions, Defenses, Damages 139.syn




Louis R. Frumer ; and Melvin I. Friedman

Chapter Summary


Actions based upon negligence or nuisance may be initiated by an injured person or his legal representative for injuries caused by or incident to trees.

This chapter of Personal Injury: Actions, Defenses, Damages deals with actions involving trees. It discusses the liability of an owner or occupier of land for injuries involving trees, including occurrences such as a tree or limb breaking and falling; the fall of a tree caused by cutting of roots or the removal of soil; trees, limbs, or stumps constituting an obstruction; uneven sidewalks caused by tree roots; and the failure to remove a fallen tree. It also considers the liability of government authorities concerning public roadways and sidewalks.

Personal Injury: Actions, Defenses, Damages (Matthew Bender) is a comprehensive, national encyclopedia of personal injury law. Alphabetically arranged chapters cover over 100 different types of "fact patterns" encountered in personal injury cases. In addition, each chapter provides coverage of potential actions, defenses and damages, as well as forms, such as allegations, sample complaints, checklists, and sample discovery requests.


Personal injury,tree injury,tree limb,tree fall,tree breakage,tree roots,soil removal,tree stump,uneven sidewalk,fallen tree removal,public roadway,sidewalk


For a discussion of injuries incident to use of public ways, see generally Ch. 3, Alleys, Streets, Sidewalks and Highways, and Ch. 105, Obstructions and Excavations.

For more information on injuries upon private property, see generally Ch. 21, Buildings, Business Establishments and Private Property.

For a discussion of injuries incident to logging, see Ch. 91, Logs and Logging.

For more information on injuries incurred during inclement weather, see Chapter 132, Storms.


For step-by-step guidance through each phase of a products liability case, along with checklists, forms, sample pleadings, and research guides, see Products Liability Practice Guide (Matthew Bender).

For a detailed discussion of virtually all theories of tort liability and defenses in California, see California Torts (Matthew Bender)

For in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases, see Damages in Tort Actions (Matthew Bender).

For comprehensive guidance on the many issues surrounding transportation facility negligence, see Killer Roads: From Crash to Verdict (Matthew Bender).
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