Man sues after 16-pound pine cone causes brain injury

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Premises Liability, on Friday, October 16, 2015

Massachusetts landowners may want to take heed of a lawsuit that was recently filed in a California federal court. A man is suing the federal government and other entities for an incident that took place in a San Francisco park owned and maintained by the federal government. The plaintiff alleges that he suffered severe brain injuries when he was struck in the head by a 16-pound pine cone that fell from a non-native tree that he was sitting under. The man has already undergone two surgeries and is in need of a third operation according to his attorney, who also said that his client, a veteran of the U.S. Navy, is now suffering from post-traumatic stress disorder and depression as a result of the incident. Since that time, the park has responded by fencing off the area near the tree to prevent visitors from venturing near the site of the injury and has also placed a warning sign. In addition to the federal government, the named defendants include the Department of the Interior, the park where the injury occurred and the National Park Service. Property owners have a duty to warn people who, like the plaintiff in this case, have permission to be on their premises if there are any dangerous property conditions of which the owner is or should be aware. The failure to do so could render the owner financially responsible for damages incurred by a person who is injured as a result of the condition. People who are injured in this manner on public or private property where they have the right to be may want to discuss their situations with an attorney who has experience in premises liability litigation.