Falling tree limbs and collapsing trees can cause severe, unexpected injuries in New York City parks, on sidewalks, and on private property. Determining who is responsible for maintaining these trees—whether the city, a conservancy, or a private owner—can be complex. Our experienced personal injury lawyers help victims understand their rights and pursue compensation when negligence contributes to a tree-related accident.
Who is Responsible for NY Tree Maintenance?
In New York City, the Department of Parks and Recreation (DPR)is responsible for the maintenance and removal of all non-private trees in the city. This means that the DPR is responsible for all trees:
- In public parks
- Those lines on the streets are not on private property
- Trees on public property
The DPR is not responsible for trees that are on private property, nor is it responsible for removing any limbs that fall onto private property. The DPR is responsible for:
- Removal of trees and debris blocking public sidewalks
- Eliminating branches that pose a danger to public property
- Removal of trees that pose a threat to public property
In most cases, the city owns the trees that are planted between the sidewalk and the street. However, property owners should contact a landscape professional to determine whether or not a tree is on public property before arranging any maintenance or removal. If you do maintenance or removal on a public tree, you could be fined.
Suppose a is on public property but is allowed to grow onto private property. The portion that is hanging over private property is the responsibility of the property owner. This is important to understand because many New York City homeowners incorrectly assume that any part of a public tree is the city’s responsibility.
Suing for Damages
Since tree maintenance on public property is the responsibility of a city department, a tree falling on a person on public property could expose the city to liability. However, if a tree in a public park is growing into an adjoining private yard and a branch falls on someone walking in that private yard, the city is not responsible.
Lawsuits Coming for Falling Trees in Central Park
There are over 600,000 public trees in New York City, and the DPR is struggling to keep up with maintenance. In 2013, a New York City resident won an $11.5 million lawsuit against the city and the Central Park Conservancy after a falling tree branch damaged her spine. The Conservancy is a non-profit organization that provides around three-quarters of the funding for maintaining the park’s trees. It is an organization that works in conjunction with the city and the DPR.
Three large branches falling on public walkways in public parks over the span of four years might not sound like much, but the city faces a dilemma: maintaining the remaining trees while avoiding future accidents. Anytime an individual is injured by a branch or tree falling on public property, the city is responsible.
Get Legal Help After a Tree Fall Injury in New York City
If a falling tree or branch has injured you or a loved one, it’s important to act quickly to protect your rights. The legal process for filing a claim against a property owner or city agency in New York can be complex, but help is available. Contact the personal injury lawyers at Lipsig Law for a free consultation. Our team has the experience and resources to hold negligent parties accountable and secure the compensation you deserve.
