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Can You Sue a California City When Its Tree Falls on You or Your Car?

Most people never think about the trees lining a city park or street until one comes down. When a public tree falls on a person or a parked car, families ask two questions right away: can you hold a city responsible, and how fast do you have to act?

A recent Orange County case shows that the answer to the first question can be yes, and why the second question matters so much. The Orange County Register reported on October 9, 2026 that the City of Anaheim confirmed a $5.75 million settlement with the family of a woman who was killed when an oak tree in Pearson Park fell onto the family’s parked car.

In plain terms: In California, a city or other public entity can be liable for injuries caused by a “dangerous condition” of its property, such as a diseased or unstable tree, if specific legal requirements are met. Before you can sue a public entity, you usually must file a written government claim, and for injury or death that claim is generally due within six months.

This page is general information, not legal advice. Facts about the Anaheim case come from published reporting and the family’s lawsuit as described in that reporting. The city did not admit fault, and the allegations were not decided by a court.

If you were hurt, or lost someone, because a tree or other public property was unsafe anywhere in California, Win Attorneys handles premises liability, wrongful death and catastrophic injury, and personal injury matters statewide. If you were hurt, seek medical care first.

Talk to us at (562) 296-5380 or reach out through our contact page for a free case review. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

What Was Reported About the Anaheim Pearson Park Case

According to the Orange County Register, citing the family’s lawsuit and the city:

  1. The incident. On February 19, 2023, a woman was sitting in the family’s parked Ford Explorer while her husband and 10-year-old son played tennis at the park courts in Pearson Park. An oak tree collapsed and crushed the car, killing her.
  2. The rescue attempt. Her husband and son saw the tree fall and tried to rescue her, but could not because of the tree’s size and weight, according to the suit.
  3. The claims. The family argued that the city knew or should have known the tree was dangerous but did not act, even though it had a duty to maintain the park. The suit alleged that the city and contractors hired for tree maintenance “failed to adequately assess and address the oak’s condition,” and that the tree leaned toward the street, had a branch removed, and had conditions affecting its roots.
  4. After the collapse. The suit said an inspection by an arborist after the death showed the tree was unstable because of “extensive” root rot.
  5. The settlement. The city confirmed the $5.75 million amount. The settlement was reached in July; the Register reported learning of it the week of October 9, 2026.

The city said in a statement: “Now, as then, our thoughts go out to those who lost a loved one. While we disagree with some characterizations, there are times when a settlement is best for all involved, and that’s the case here. We wish the family well as they move forward.”

Our thoughts are with this family. A settlement amount in one case does not predict the value of any other claim.

When Is a City Liable for a Falling Tree?

California’s rules for public property are written into the Government Code.

What Counts as a Dangerous Condition

Government Code section 830 defines a “dangerous condition” as a condition of property that creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury when the property or adjacent property is used with due care in a reasonably foreseeable way. “Protect against” includes repairing, remedying, or correcting a dangerous condition, providing safeguards, or warning of it.

The Elements Under Government Code Section 835

Under section 835, a public entity is liable for injury caused by a dangerous condition of its property if the injured person shows:

  1. The property was in a dangerous condition at the time of the injury.
  2. The dangerous condition proximately caused the injury.
  3. The dangerous condition created a reasonably foreseeable risk of the kind of injury that happened.
  4. Either a public employee’s negligent or wrongful act or omission, within the scope of employment, created the condition, or the public entity had actual or constructive notice of the condition far enough in advance to have taken measures to protect against it.

Actual or Constructive Notice Under Section 835.2

Notice is often the center of a falling tree case.

  • Actual notice means the public entity actually knew the condition existed and knew or should have known it was dangerous.
  • Constructive notice means the condition existed long enough, and was obvious enough, that the public entity should have discovered it and its dangerous character by using due care.

Section 835.2 says evidence on due care can include whether a reasonably adequate inspection system would have discovered the condition, and whether the public entity maintained and operated such a system with due care and still did not find it. That is why inspection logs, pruning and work orders, prior complaints, and arborist reports matter so much in tree cases.

Contractors and Private Property

If a private tree maintenance contractor was involved, claims against that company generally follow ordinary negligence rules rather than the Government Code claim process. If the tree was on private property, such as a business or a neighbor’s yard, the owner’s duty is a premises liability question. Figuring out who owned, controlled, and maintained the tree is one of the first steps.

The Six-Month Government Claim Deadline

This is the rule that catches families off guard.

Government Code Section 911.2

A claim for death or for injury to a person or to personal property, which includes a damaged car, must be presented to the public entity no later than six months after the cause of action accrues. Other kinds of claims have a one-year deadline. Missing the six-month window can put the whole case at risk.

Late Claims Under Section 911.4

If the six-month deadline passes, a person can submit a written application to the public entity for leave to present a late claim. The application must be presented within a reasonable time, not to exceed one year after the cause of action accrued, must state the reason for the delay, and must attach the proposed claim. Section 911.6 lists the situations in which the board must grant the application, such as mistake, inadvertence, surprise, or excusable neglect without prejudice to the public entity. Late claim relief is not automatic. Do not plan on it.

When You Can File Suit

Under section 945.4, you generally cannot sue a public entity on a claim that requires presentation until a written claim has been presented and acted on, or deemed rejected. Section 912.4 gives the board 45 days to act, unless extended by agreement.

Under section 945.6, once the claim is acted on:

  • If the public entity gives written notice of rejection under section 913, the lawsuit generally must be filed no later than six months after that notice is personally delivered or mailed.
  • If no written notice is given, the lawsuit generally must be filed within two years after the cause of action accrued.

Our guides to government claims filed too early and the six-month claim deadline for transit injuries walk through more timing traps.

For lawsuits filed on or after January 1, 2027, a new law can also change how much of the economic damages a public entity pays when it shares fault with someone else. See what SB 577 changes for public entity injury claims.

Wrongful Death Claims When a Tree Falls

When a falling tree kills someone, Code of Civil Procedure section 377.60 allows certain family members, including a surviving spouse, domestic partner, and children, and in some cases others who depended on the person, to bring a wrongful death claim. When the defendant is a public entity, the government claim rules above still apply to those family claims.

For claims against private parties, the general deadline to file a lawsuit for injury or death caused by wrongful act or neglect is two years under Code of Civil Procedure section 335.1. Do not assume that two-year rule protects a claim against a city. The six-month claim deadline comes first.

Evidence to Gather After a Tree Falls

  1. Photographs of the tree, the trunk and root area, the break point, and any vehicle or property damage, taken before cleanup if it is safe.
  2. Witness names and contact information.
  3. Police, fire, or incident report numbers.
  4. Records requests for tree inventories, inspection and pruning records, prior complaints, and work orders. Counsel can request these from the public entity.
  5. An independent arborist to evaluate the tree, ideally before the wood is removed or destroyed.
  6. Medical records and repair estimates.
  7. A preservation letter asking that the tree remains and related records be kept.

What to Do in the First Weeks

  1. Seek medical care for anyone hurt, even if injuries seem minor.
  2. Find out who owns the tree: a city, county, school district, utility, or private owner.
  3. Calendar six months from the date of the incident if a public entity may be involved, and talk to a lawyer well before then.
  4. Notify your own insurer about vehicle damage. Comprehensive coverage may apply depending on your policy.
  5. Do not sign releases or accept payment for property damage without understanding whether it affects injury claims.

Talk With Win Attorneys

Win Attorneys helps injured people and grieving families across California from our Tustin office. Claims against cities have short deadlines and their own rules, and we can help you move quickly. Our office is fluent in Spanish and Vietnamese; say so when you call.

Talk to us at (562) 296-5380, write through our contact page, or visit 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. The case review is free.

Falling Tree Claim FAQs

Can I sue a California city if its tree falls on my car?

Possibly. Under Government Code section 835, a public entity can be liable for injury caused by a dangerous condition of its property if the condition caused the harm, the risk was foreseeable, and either a public employee created the condition or the entity had actual or constructive notice in time to protect against it. A government claim usually must be filed first.

How long do I have to file a claim against a city in California?

Under Government Code section 911.2, a claim for death or for injury to a person or personal property, such as a car, must be presented within six months after the cause of action accrues. Other claims have a one-year deadline.

What if I missed the six-month deadline?

Government Code section 911.4 allows a written application for leave to present a late claim, made within a reasonable time not to exceed one year after accrual, with the reason for the delay and the proposed claim attached. Approval is not guaranteed.

What is constructive notice of a dangerous tree?

Under Government Code section 835.2, constructive notice means the condition existed long enough and was obvious enough that the public entity should have discovered it using due care. Evidence can include whether a reasonably adequate inspection system would have found the problem.

Who can bring a wrongful death claim if a falling tree kills someone?

Code of Civil Procedure section 377.60 allows certain family members, including a surviving spouse, domestic partner, and children, and in some situations others who depended on the person, to bring a wrongful death claim. Government claim deadlines still apply when a public entity is involved.

How much was the Anaheim falling tree settlement?

The Orange County Register reported, and the City of Anaheim confirmed, a $5.75 million settlement with the family of a woman killed when an oak tree in Pearson Park fell on the family’s parked car in February 2023. Every case is different, and one settlement does not predict another.

What if the tree was on private property?

If a tree on private property, such as a business or a neighbor’s yard, falls and causes harm, the claim is generally a premises liability matter against the owner or the person who controlled the property, not a government claim. Ownership and maintenance responsibility should be confirmed early.

Related Pages

Disclaimer

This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Facts about the Anaheim case are attributed to Orange County Register reporting published October 9, 2026, including the family’s lawsuit allegations and the city’s statement as reported. Allegations are not findings of fault. Outcomes depend on the facts of each matter. Seek medical care for injuries. Consult a licensed California attorney about your situation.

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