A Texas man died after a diseased pecan tree collapsed onto him while he ate on a restaurant patio, according to a lawsuit alleging the businesses owning the tree knew of the hazard but failed to warn patrons or remove it.
The father of four was fatally crushed by the falling tree at a barbecue restaurant. The lawsuit contends that staff at two local businesses were aware the tree had rotted and decayed over time, creating an obvious danger to customers sitting beneath it on the patio. Despite this knowledge, neither business took steps to trim, treat, remove, or adequately warn diners about the hazard.
The case raises core premises of premises liability law. Property owners and operators owe a duty to maintain their premises in a reasonably safe condition and to warn visitors of known dangerous conditions. Texas courts recognize that business operators must exercise reasonable care to prevent foreseeable injuries. When a business knows or should know that a tree poses a threat to patrons, failure to act can constitute negligence.
The pecan tree's deteriorating condition appears to have been observable and known to staff for some period. The lawsuit suggests this was not a sudden, unforeseeable event but rather a preventable tragedy resulting from neglect. By allowing the tree to remain in dangerous condition without warning customers or taking corrective action, the businesses allegedly breached their duty of care.
The plaintiffs likely will pursue claims for wrongful death, premises liability, and possibly gross negligence. They will need to establish that the businesses knew or reasonably should have known of the tree's hazardous state, that this knowledge preceded the accident, and that the businesses failed to take reasonable steps to address it.
This case underscores the legal obligation of property owners to inspect trees and vegetation regularly, particularly in areas where people gather. Failure to maintain or warn about hazardous trees can result in substantial liability when injuries or