$300,000 Insurance Settlement Because of Negligent Homeowner

Our client, a forty five year old resident of Miami, Florida entered onto the property of a nearby neighbor. While she was standing in the driveway with her daughter, a gust of wind blew, breaking a nearby tree in half and causing a portion of the tree to fall on top of the woman, landing on her head and neck. As a result of being struck by the tree limb, our client suffered three fractured cervical vertebrae, resulting in excruciating neck pain.

Our client had a fusion to repair the damage to her vertebrae and was hospitalized for several days. Following her hospitalization and surgery, our client received several months of physical therapy.

The Miami personal injury attorneys of Dell and Schaefer hired an expert who examined the tree and determined that the tree had rotted away over time which caused it to break. Our film brought suit against the owner of the property alleging that the owner had a duty to maintain the trees on her property and remove any damaged or decayed trees that posed an obvious danger. The owner of the property breached her duty imposed on her under the law by ignoring the large decayed tree on her property.

As a result of the homeowners’ negligence for failing to properly maintain or remove the tree, and our client’s significant damages, the homeowners’ insurance company tendered their policy limits of $300,000.00 (three hundred thousand dollars).

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