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Man suing city after nearly being killed by falling tree

A man is suing the city of San Diego after losing the use of his legs when a palm tree fell onto his Mission Hills home in January 2010. The incident nearly killed him, and he may have to have his legs amputated.

The man’s lawsuit contends that the accident is rooted in budget cuts to the city’s tree trimming and inspection services. The suit argues that had these services continued, inspectors would have found the tree dangerous and taken measures to have it fixed or removed.

City officials disagree, claiming that the city can only be held liable for dangerous conditions that are already known. They hold that because no one made any reports that the tree was diseased or in otherwise poor condition, there is no way they could have known it was a hazard and therefore the city should not be held liable for the accident.

The man’s attorneys estimate that his lost wages and medical costs could total as high as $8 million. His mobility now comes from a motorized chair, and he cannot care for his 12-year-old autistic son as well as he used to be able to.

The case is set to go to trial in San Diego Superior Court on Monday.

While this man was injured at his own home, being hurt as a result of dangerous conditions on another person’s property can be grounds for a premises liability claim. If you have sustained an injury due to someone’s neglect of a hazard on their property, a premises liability lawyer may be able to help you seek the compensation you need to pay your medical costs and make up for any lost wages.

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