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Plaintiff- Jane Smith
Defendants- David and Darlene Jone (property owners)
Jane Smith was involved in an accident as she was driving down the road a limb from the property of the Jones’s fell on her car trapping Ms. Smith in her car.
Tree is the casual factor.
Are the defendants liable for failing to maintain their preoperty?

Jurisdiction: Bowling Green Warren County, Kentucky

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David and Darlene Jones are liable for failure to upkeep or maintain their property

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With the Kentucky Practice Tort Law locate the index at the back of the volume. Then, look under the topic of negligence and subtopic premise liability. Under the page number provided read tort law for premise liability

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In our case Smith v. Jones, the limb from the jones’s tree is what caused damage to Ms. Smith car and herself. The nuisance being that Jones’s were aware of having mature trees and failed to maintain them. A mature tree that is healthy typically do not have sudden branch drops if they have been maintained. It can fall from other external forces but in this case it was a nice sunny day as the report states.

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10:69 Liability of owners and occupiers of land- injuries occurring outside the premises

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Under premise liability it is the duty of the property owner to maintain their premises in a reasonably safe condition.

Duty of care- owed if a person foreseeably is injured due to another's actions/inactions.

Must prove- owner neglected tree or failed to take reasonable care of tree.

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In its third edition use the Kentucky Digest to find similar state court decisions.

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Search for the topic negligence with subtopic premise liability. Find the most recent case that will aid your case. The case to be noted is Perry v. Williamson. Note citation of the case and refer to the appropriate SouthWestern Reporter edition and volume. The citation is 824 S.W.2d 869 (Ky. 1992)

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Search similar cases under premise liability

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Search similar cases under premise liability

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The case Perry v. Williamson in the Supreme Court of Kentucky reviews the issue if there was a duty owed to the respondents, the Williamson’s, as persons in possession of residential real estate. Ms. Perry was on the porch of the Williamson’s when she was struck by a falling limb from a dead tree in the front yard.

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Analysis: There is liability when one is aware of the condition of the tree. This knowledge could also been brought to the posses of lands attention. In this case the Jones’s mentioned performing routine maintenance such as tree trimming. If one where to have done routine maintenance than one would have foreseen the condition the tree was in when trimming. For instance, one would know when a limb was rot at risk for falling or if a limb was heavy and at risk of falling. If one did not know a warning sign of a mature tree could have been in place.

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Emphasis on (f). In this case there was no warning to Ms. Smith about the Jones’s having mature trees that may fall on roadway. Also look up ordinary care.

“Due care, also referred to as ordinary care and reasonable care, is the standard of care where a reasonable person would exercise in the same situation or under similar circumstances. This standard of care is used in a tort action to determine whether a person was negligent.”

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Refer here to understand and define terminology

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Duty- Jones’s to maintain a reasonable safe property which includes maintenance of trees
Breach- Fallen limb means failure to maintain care of trees
Injury- Ms. Smith injured and hospitalized as a result from fallen limb. Witness could see fallen limb affect the cars roofing not allowing Ms. Smith to get out.
Causation- Fallen limb from a mature tree

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After reading the part on vegetation maintenance in the city ordinance the Jones’s had a duty to maintain the tree although it was public property. It was their job to ensure care to the tree in a way that would not pose a threat to safety. In regards to this case a limb fell on Ms. Smith car meaning the limb was not properly maintained such as being cut down since the limb would have been known to pose a threat. The condition of the limb would have been prior knowledge such as being heavy or dead which could lead to falling. As the report states it was a clear day meaning this limb fell on its own without no inference of an external force.

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The landowner has a duty to eliminate reasonable foreseeable danger a tree may impose to adjoining property. There are factors to consider if a tree is a danger and will fall eventually 1) tree is visibly dead or dying 2)tree is leaning prominently toward the adjacent tract 3) the limbs of the tree extend past the property line.