Can You Sue if a Tree Falls on You in New York?
Property owners are generally responsible for maintaining the safety of their premises, including trees on their property. If a tree falls due to a property owner or manager’s failure to inspect, maintain, or remove it, when necessary, they may be held liable for resulting injuries. Factors that may indicate negligence include:
- Lack of Maintenance: If the property owner failed to maintain the tree properly, such as trimming dead branches or treating diseases, they may be held liable for resulting damages.
- Dead or Diseased Tree: A dead or diseased tree poses a significant risk of falling and causing harm. Property owners have a duty to identify and address such hazards to prevent accidents.
- Failure to Warn or Protect: In some cases, liability may arise if a property owner fails to warn visitors or occupants of the property about the risk posed by a potentially hazardous tree. The same holds true if they failed to take appropriate measures to protect against its collapse.