A family’s birthday celebration turned into a life-altering tragedy when a 40-foot palm tree fell on 53-year-old Adela Magaña at the Golf N’ Stuff amusement park in Ventura, California.
On August 6, Adela was seated on a bench watching her husband and children play their third hole when witnesses heard a “screeching sound” followed by a “big thump.” The tree came crashing down, trapping her underneath. Her husband, adult son, and two Good Samaritans lifted the tree off her, only to find her arm severely crushed and bleeding heavily. A tourniquet was applied before paramedics rushed her to Ventura County Medical Center.
Despite emergency surgery, the damage to her nerves and blood vessels was too severe, and her arm was amputated just below the shoulder the following day. She now faces additional surgeries, extensive rehabilitation, and the lifelong challenge of adapting to a prosthetic.
The emotional impact on her family has been profound – especially for her 13-year-old son, who witnessed the accident. The Magaña family says they had visited the mini golf course many times before, making the day’s events all the more shocking.
Golf N’ Stuff has not publicly commented on how or why the tree fell. Questions remain about the safety of the property and whether proper maintenance could have prevented the accident.
Liability in Tree-Fall Incidents
When a tree or large branch falls and causes injury, liability often depends on whether the property owner or manager knew – or should have known – about the hazard and failed to address it. In California, businesses and property owners have a legal duty to maintain their premises in a reasonably safe condition, which includes inspecting and maintaining trees that could pose a risk to guests.
Potentially liable parties in a tree-fall case may include:
- The property owner for failing to inspect, maintain, or remove dangerous trees.
- A property management company that was responsible for upkeep and safety inspections.
- A landscaping or tree maintenance contractor, in cases where negligent work or missed warning signs contributed to the incident.
- Municipal or governmental entities in situations where the tree was on public land but within the area of the incident.
Adela Magaña and Her Family Have Legal Options | Singleton Schreiber Can Help
According to Brett Schreiber of Singleton Schreiber, these cases come down to proving negligence. “When a tree falls and seriously injures someone, the results are devastating. If the property owner or management company was negligent, such as ignoring visible signs of structural instability, disease, or decay, the injured party – in this case, Adela Magaña – may be entitled to compensation for medical expenses, lost income, pain and suffering, and long-term care needs.”
“These cases can be extremely complex,” he went on to say, “but we understand how to find the liable parties and hold them accountable. Mrs. Magaña was injured through no fault of her own, and she deserves justice. We can help.”
Singleton Schreiber has a demonstrated history of fighting for people injured by falling trees. The firm has recently recovered $16.4 million for a client who was struck by a large tree branch that fell from a tree on a Department of Transportation-owned and maintained roadway.
Adela Magaña may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more as a result of an incident that should never have happened in the first place. While a lawsuit cannot undo the harm she suffered, it can hold the responsible party accountable for the unsafe condition, mitigate the financial impact it has on her life, and potentially prevent a similar incident from happening to someone else.
If anyone in the Magaña family is interested in learning more about the legal options surrounding this tragic situation, please call Singleton Schreiber for a free consultation today.
