You Be The Judge: Virginia Tree Case

Read the following facts and you decide the case!

  • A car is driving down the road on a public roadway. At the moment the car passes a large tree, the tree falls and lands on the car injuring the driver and the vehicle.
  • The tree, which was approximately 25” in diameter, was dying, dead or rotten at the time of the fall. It had been in this condition for many years and exhibited visible signs of decay which were open and obvious.
  • Can the injured party have a successful case against the owner of the property on which the tree was located?

Come back on Friday, September 7, 2012 to read The Verdict.