If my husband fell on some leaes that fell on our property from the neighbor’s palm tree, are they responsible for his injury?

He slipped on it and fell and hit the cement and busted his face really bad.

Asked on August 15, 2012 under Personal Injury, Florida


Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

It really depends upon how the leaves got there but generally, it is unlikely that your neighbor would be fully responsible for your husband's injury.  If the palm leaves simply fell from the neighbors tree and landed in your yard, your neighbor is not likely responsible for the fact that your husband walked on them and fell.  If, for example, your neighbor was having the palm tree trimmed and left the leaves in an area where your husband would not have noticed them and fell, your neighbor could have some responsibility.  The issue here is, these leves were on your property and palm leaves are very visible, yet your husband chose to wak on them and the accident happened.  Probably a better course of action for you to receive some compensation for your husband is to make a claim with your own homeowner's insurance policy.  

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