Long Beach, CA asked in Personal Injury for California

Q: I was at Modesto's municipal golf course an 80-ft tree fell a large Branch hit me and hurt my back are they liable

The golf course has been closed for 2 years but it's still open to the public

Related Topics:
3 Lawyer Answers

A: Is this a City or County run facility? You potentially could file a lawsuit; however, if it is a public entity that owns and operates the land you would need to serve a Government Tort Claim notice within 6 months from the date of the incident. If 6 months has already lapsed, you would need to serve an application requesting to submit a late claim. This would need to be done by no later than 1 year from the date of the incident. If it has been more than a year, your claim is likely barred. If the golf course is not owned/operated by a public entity, you may have longer time to file a lawsuit. You should consult with an attorney asap to get some advice.

A: The owner and/or maintenance company might be liable. Contact a personal injury attorney to discuss as this gets complicated, especially if any public entities are involved. Consultations are free.

A: IT DEPENDS........WAS THERE ANY EVIDENCE TO SHOW THE TREE WAS ABOUT TO FALL? THAT WILL PROBABLY INVOLVE SOME DISCOVERY>..........

CONTACTING GROUNDSKEEPERS, MANAGEMENT, AND FORMER EMPLOYEES TO DETERMINE IF COMPLAINTS HAD BEEN MADE SO THAT THEY HAD NOTICE....ETC

CONTACT A LOCAL PERSONAL INJURY LAWYER.

IF IT IS NOW COUNTY OR CITY OWNER, BE AWARE A GOVERNMENTAL TORT CLAIM HAS TO BE FILED WITHIN 6 MONTHS.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.