Yes, you can be held liable for root damage in many cases. Similar to falling branches, if you were aware of the invasive roots causing problems and did nothing to address them, a court may find you negligent. The key is your knowledge of the problem and your failure to take reasonable corrective action. Your neighbor may also have a claim if they can prove the roots substantially and unreasonably interfere with their use and enjoyment of their property.

Your immediate actions are critical. First, seek medical attention, even for seemingly minor injuries, to create a medical record. Report the incident to the property manager or owner and ensure an official report is filed. Document the scene thoroughly with photos and videos, capturing the hazard and your surroundings. Collect contact information from any witnesses. Do not give detailed statements or sign anything from the property owner’s insurance company without legal advice.

You must prove three key elements. First, the product had a defect that made it unreasonably dangerous. Second, this defect existed when the product left the defendant’s control. Third, the defect directly caused your injury while you were using the product in a normal or foreseeable way. Preserving the product and documenting your injuries is critical evidence. These claims often rely on expert testimony to explain the defect.