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Tree Falls on Young Trick-or-Treater Causing Broken Bone Injuries

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A young girl who was trick-or-treating in Westchester County suffered broken bones after a tree fell on her. According to an NBC New York news report, the girl, around 9 or 10 years old, was walking in her New Rochelle neighborhood on Halloween night when a massive tree suddenly fell due to gusting winds, pinning her underneath. Dozens of parents and children watched in horror as the girl screamed in pain. Crews who arrived at the scene had to use chainsaws to help break the tree apart in sections.

Lack of Action from Utility Company?

The child was transported to an area hospital. Her condition is not known, but neighbors said her injuries don’t appear to be life threatening. She suffered a few broken bones. Neighbors told NBC that the tree was “basically dead” and appeared ready to fall for nearly a year. Some said they had reported it multiple times previously to the city and Con Edison, as the tree is located right next to power lines.

Neighbors said they were told that the “issue was being looked into” but that no action had been taken. Hours after the incident, the tree had been removed and the street was cleared with just the trunk remaining. NBC quoted a city official saying that the city cannot take any action until the utility company (Con Edison) first removes the top of the tree. He said the city has been in regular contact with Con Edison and has repeatedly asked the utility company to address this particular tree.

The city official also said Con Edison should reevaluate its procedures for addressing such issues. Our thoughts and prayers go out to this young victim and her family. We wish her a speedy and complete recovery.

The Danger of Falling Trees

Trees are, of course, a wonderful addition to a neighborhood and play an essential role in keeping the air clean and healthy. However, when they are not properly cared for or maintained, they may cause serious injuries or even fatalities. As we see periodically in New York City, large trees with heavy limbs can fall when there are strong wind conditions. A falling tree especially one that is near power lines creates a serious hazard – one that may lead to life-threatening injuries for passersby.

New York State has a responsibility to maintain trees alongside state arterial highways up to 20 feet from the roadway. New York City and other municipalities have a similar obligation to maintain their trees and keep them in a safe condition whether those trees are on sidewalks, lining roadways or in parks. If a tree is in the public right of way, the governmental agency responsible for maintaining that roadway or area can be held accountable as well.

Owners of residential and office buildings as well as businesses and their managing agents also have this responsibility to maintain trees on their properties. Trees only fall when they are diseased and/or are not properly maintained. Failure to treat or remove a rotting tree limb/branch can cause it fall. In some cases, the utility company may also be held responsible for the injuries and damages caused by a falling tree. An experienced New York City personal injury lawyer will be able to guide injured victims and their families regarding their legal rights and options.

Some of the common injuries suffered in these types of incidents include broken bones, brain injuries, spinal cord trauma, crush injuries, internal injuries and deaths. In such cases, a property owner and/or property manager in charge of maintaining the dead or diseased tree can be held liable. Injured victims can seek compensation to cover damages including, but not limited to, medical expenses, lost wages and benefits, cost of hospitalization, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can file a wrongful death claim seeking compensation for their loss.

Contacting an Experienced Lawyer

If you or a loved one has suffered an injury accident on public property or elsewhere, 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 48 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm 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 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 and medical malpractice 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.

Other TOLL FREE phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES

Please visit us at: www.WORK4YOULAW.com

Other TOLL FREE phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES

Please visit us at: www.WORK4YOULAW.com

Source: https://www.nbcnewyork.com/news/local/Tree-Falls-on-Young-Trick-Or-Treater-in-NY-After-Halloween-Storms-Heavy-Winds-Leave-Damage-Across-Region-564208701.html

 



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