A family in Brooklyn told WABC News that they were nearly crushed by a falling tree as they were walking in Bensonhurst. According to a news report, barely seconds before a large tree came down at around 4 p.m. on March 1, Shelly, Ben and Michael Kerstein said they were walking to a family gathering. Just as they got under the tree, they said, they heard crackling. Within seconds, the tree came crashing down.
After the tree fell, video showed the inside of it was hollow and there was nothing but dust. ABC reports that the top of the tree had been cut off a long time ago. The Parks Department told the outlet that the tree did not belong to them. Ben Kerstein and his wife Shelly, said this could have been a lot worse, and their children who were following a few feet behind them, could have been seriously injured.
Who is Responsible for Tree Maintenance in NYC?
In New York City, tree maintenance responsibilities are primarily handled by the New York City Department of Parks and Recreation. NYC Parks oversees the care of about 600,000 street trees, according to their website. The agency is responsible for planting, pruning, removing hazardous trees and responding to tree-related emergencies.
Property owners/managers, however, also have some responsibilities. For example, while NYC Parks takes care of street trees — those growing in the public right-of-way, typically along sidewalks — adjacent property owners/managers must keep sidewalks clear of debris and report tree damage or health concerns to the city. Residents can request tree inspections, pruning, or removal by calling 311 or using the NYC Parks website.
In some cases, private property owners/managers are responsible for trees growing entirely within their property boundaries. If a tree falls from private property onto a street or another property, the owner/manager must handle its removal. The city also encourages community involvement through programs like MillionTreesNYC, which supports tree planting and maintenance. Volunteer groups such as Trees New York help with taking care of trees as well, including watering and caring for newly planted trees.
What Constitutes Negligence (Carelessness)?
A property owner/manager may be considered negligent or careless if they fail to properly maintain their tree, leading to hazardous conditions that result in injury or property damage. Negligence (carelessness) typically occurs when the owner ignores visible signs of decay, disease or structural instability such as dead branches, leaning trunks or exposed roots. If an inspection revealed the danger and the owner/manager failed to prune, brace, or remove the tree, they may be held liable for any resulting injuries and damages.
Falling trees or branches can cause serious injuries or even death. Common injuries include:
• Head injuries: Falling branches or entire trees can cause concussions, skull fractures or traumatic brain injuries.
• Spinal cord injuries: A heavy impact can damage the spine, leading to paralysis or chronic pain.
• Broken bones: The force of a tree or limb can fracture arms, legs, ribs or other bones.
• Lacerations and bruises: Sharp branches or debris can cause deep cuts, bleeding and severe bruising.
• Crush injuries: If a person is trapped under a tree, they may suffer from internal injuries, organ damage or limb amputation.
Contacting an Experienced Lawyer
Injured victims of negligent (careless) property owners or managers can seek compensation from at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones in car accidents can seek compensation for damages such as lost future income, medical and funeral costs, pain and suffering, etc.
If you or a loved one has been injured by a falling tree, or if you have lost a loved one in such an incident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. We recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: https://abc7ny.com/post/falling-tree-crushes-family-bensonhurst-brooklyn/15981745/