NYC Personal Injury Lawyer » Brooklyn Tree Fall Injury Lawyer

Brooklyn Tree Fall Injury Lawyer

Brooklyn property owners enjoy the borough’s trees, which provide greenery, shade, and beauty. Unfortunately, many of Brooklyn’s trees are aged, including the region’s iconic fig trees and London Plane trees, many of which were planted over 100 years ago. Aging trees are more likely to fall, especially in response to inclement weather, such as rain, snow, and freezing temperatures.

The sudden fall of a tree in Brooklyn can cause serious injuries or death to a pedestrian or motorist. While a falling tree may seem like an act of nature, property owners in Brooklyn have a legal obligation to ensure that the trees on their property are in good health. Healthy, pruned, and well-maintained trees minimize the risk of injuries to others. Contact a premises liability attorney in Brooklyn to pursue financial compensation for the injuries and damages you received. Call (212) 564-2800 today.

What Causes Trees to Fall In Brooklyn?

Trees are cherished in urban areas, and property owners in Brooklyn sometimes keep elderly or diseased trees on their properties long past the time that they should be removed. The most common causes of falling trees in Brooklyn and elsewhere in New York include the following:

• Inadequate root depth or growth
• Poor soil conditions
• Soil over-saturation
• Storm or lightning damage
• Improper maintenance
• Disease
• Pest infestation
• Damage from vehicle impact
• Improper planting

When a property owner fails to properly maintain a tree on their property and the tree falls on a pedestrian, shopper, tenant, visitor, or anyone legally on the property, the property owner may be liable for the damages.

What Is a Brooklyn Property Owner’s Duty of Care When It Comes to Trees on Their Property?

Property owners in Brooklyn are responsible for preventing safety hazards on their property, including regularly inspecting and maintaining trees and removing those that are in ill health or dead. The adequate maintenance of trees requires trimming dead branches and treating trees for any diseases or pests that compromise their safety. This duty may include hiring arborists and tree specialists to ensure that a tree is healthy, strong, and not in danger of toppling.

Proving liability in an injury claim after a falling tree impacts a person directly or by hitting their vehicle requires demonstrating that the case meets the following legal standards of liability:

• The property owner was aware of the tree’s poor condition or should reasonably have been aware of the problem
• The property owner owed a duty of reasonable care to the injury victim (because they were on the property legally and not trespassing or committing a crime)
• The property owner violated their duty of reasonable care
• The violation of the duty of care directly caused the injury
• The injury victim suffered damages from the injury

If the fallen tree was on city property, such as a public park or bus stop, the city may held liable for an injury victim’s damages like medical expenses, lost earnings, pain and suffering, or wrongful death as well as property damage to a vehicle if a tree or limb falls on a car.

What Types of Injuries are Caused by Falling Trees In Brooklyn?

When a tree falls on a person, it can cause severe or catastrophic injuries such as the following:

• Traumatic brain injuries
• Skull fractures
• External head, facial, and dental injuries
• Broken bones
• Neck injuries
• Back injuries
• Crush injuries
• Internal organ injuries
• Spinal cord injuries
• Soft-tissue injuries
• Lacerations, contusions, and abrasions

Even minor injuries from a fallen tree or limb can result in a large emergency room bill and a few days of lost pay. A more severe injury can cause financial hardship or leave a catastrophic injury victim facing disability. In the worst cases, a tree falling in Brooklyn can be fatal — a wrongful death attorney in Brooklyn can assist you if a loved one was killed due to negligent tree maintenance.

How Can a Brooklyn Tree Fall Injury Attorney Help My Case?

Proving a property owner’s liability for damages like past and future medical expenses, lost earnings, and compensation for pain and suffering or wrongful death can be challenging. It’s necessary to show evidence that the property owner or city government entity was aware of the hazard and failed to address the problem. Call The Law Offices of Jay S. Knispel for experienced representation in this uniquely challenging type of injury claim to maximize your chances of a favorable result.