Fallen branch injures woman in Ashland Creek
By Vickie Aldous, Ashland Daily Tidings, Ore. | |
McClatchy-Tribune Information Services |
The remote pools are located upstream from
Boyd said this week she was with two friends, her husband and their 6-month-old baby girl.
"We had been swimming and hanging out by the creek. We heard a giant crack and looked up and this giant tree branch was coming down," she said.
Boyd said she had to turn around to see the falling branch and didn't have time to get out of the way. Others in her party were able to avoid the tree, except for one person who suffered a scratched shoulder, she said.
"By the time I looked up, it was clear I was going to be hit," Boyd said. After being struck, Boyd said she instantly knew she was seriously injured.
A friend ran down the trail and called paramedics, she said.
Boyd said she was taken to
She said she suffered three fractured vertebrae and three broken ribs. One of her ribs also punctured her lung. She underwent surgery to fuse three vertebrae with pins and screws.
"It was a completely freak, crazy thing you don't think happens to anybody," Boyd said of the accident.
Boyd said she is considering a possible lawsuit.
"I don't like the idea of suing anybody, but there will be a lot of medical expenses associated with this. We're looking into it because of the medical expenses," she said.
They are outside the parks department's maintenance area.
The pools are near a property boundary between city of Ashland land and
McFarland said recreational immunity laws usually protect jurisdictions from lawsuits when people are injured on land that is open to the public for recreation.
If the pools are actually on city land, City Attorney
"Just the fact that a tree branch hit her doesn't mean there is liability. There would have to be evidence the city knew about it and did nothing," Lohman said.
If the city did get sued and lost, it does have insurance coverage, he said.
Inside parks, Robertson said parks personnel and outside arborists conduct regular evaluations of trees and prioritize the ones that need to be taken down or cut back.
Trees are prioritized for treatment if they are near paths, bathrooms, tennis courts or any other amenity that attracts people. Trees in remote locations where few or no people go are a lower priority, Robertson said.
Staff reporter
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