Copyright CBS News
The winter storm season is just around the corner, which comes with plenty of concerns for Southern California residents in the wake of several devastating wildfires that left behind large burn scars. Along with those concerns come the potential for downed trees, many of which are city-maintained and line the streets of thousands of cities. Since 2021, the city of Los Angeles has paid more than $18 million in settlements to residents for property damage caused by trees. One Burbank woman learned the hard way how to seek help after a tree fell onto her property, leaving damage behind. Angela Towne's car suffered considerable damage in March of 2024 when a city-maintained tree fell outside of her home and damaged her car in Burbank, and now, more than a year and a half later, she's still fighting to get paid. "I was confused, and I am still confused," Towne said. "I don't see how something that was clearly dead is something that is now my problem." The tree has since been removed, but she remains entangled in a legal battle with the city over the estimated $10,000 worth of damage her car sustained. She said that she originally filed a claim with the city within days of the time the tree fell. "I waited about six months to get an answer from them, and basically their answer was, 'Sorry, this is an act of Mother Nature and we are not going to take care of it,'" Towne said. "I was furious, furious." Instead, Towne took Burbank to small claims court and won, but the city appealed, sending the case back to court. She says that during the second round of litigation, she represented herself. The city sent an attorney who cited winds reaching speeds of 35 miles an hour on the day that the tree fell, and she lost. CBS California Investigates has obtained data showing that since January 2021, 188 claims have been made against Burbank for tree-related damages, and that just 19 of those cases have ended in settlement. In response to a request for a statement on the matter, a city spokesperson said that "claims for property involving city-maintained trees are evaluated on a case-by-case basis." Cities like Burbank will almost always deny a claim and blame weather or an act of God, says Allen Carnegie, an attorney who specializes in property disputes and tree litigation. However, he says that there are limits to that defense. "If the tree is not being properly maintained by the city, if they are getting complaints about the tree because it's overgrown or it appears to be in ill health, the city can be liable," Carnegie said. Burbank city officials say that the last pruned the tree that fell in Towne's yard in June of 2022. She says that she called them to report that she had concerns that the tree was dying just months before it actually happened. She says that she received no response. Carnegie suggests consulting an arborist in the case that a city-maintained tree becomes a concern for Southern California homeowners. He says that people should document the condition of the tree with photos and videos, and make sure to record any signs that the tree is unstable or dying. He also says that people should always put requests to the city in writing, and that since Towne called Burbank City Hall instead of emailing, there is no proof she ever tried to get the tree inspected. If a problem tree has already fallen, Carnegie said an attorney should be considered. He believes that had Towne done so, she would have won her claim. Since she lost in small claims court on appeal, she cannot sue again. On top of that, her insurer may deny a claim since so much time has passed since the incident occurred. "I feel very lucky this is a car situation and not a person being hurt," she said. "The city of Burbank should be addressing these situations far, far before a tree's going to be falling down."
