# Brooklyn Fallen Tree Lawyer | Free Consultations **Table of Contents***[*Expand*]* 1. Who is Responsible When a Tree Falls in Brooklyn? 2. Does Bad Weather Excuse a Property Owner From Responsibility? 3. What Warning Signs Matter in a Fallen Tree Injury Claim? 4. What if a City-Owned Tree Caused Your Injuries? 5. What Can You Recover After Being Struck by a Falling Tree? 6. Speak With a Brooklyn Fallen Tree Injury Lawyer # Fallen Tree Lawyer in Brooklyn When a tree or heavy branch falls on someone, the injuries can be severe. You might have been walking along a sidewalk, sitting in a park, or driving when it happened. Now you’re facing medical treatment, missed work, and questions about whether anyone should have prevented the accident.  A fallen tree lawyer in Brooklyn at Edelman, Krasin & Jaye can investigate what caused the tree to fall and whether you have grounds for an injury claim. We have been serving Brooklyn and other areas in New York **since 2000**. Not every fallen tree leads to a lawsuit, but you shouldn’t assume the accident was unavoidable, either. At Edelman, Krasin & Jaye, our [Brooklyn personal injury lawyers](https://ekjlaw.com/brooklyn-ny/personal-injury-lawyer/) help injured Brooklyn residents understand their options. We’ll look into the condition of the tree, who was responsible for maintaining it, and what evidence may support your case. ## Who is Responsible When a Tree Falls in Brooklyn? Who may be responsible for a fallen tree depends on where it was located and who was supposed to maintain it. If the tree was on private property, a homeowner, landlord, or business owner could be liable. If it stood along a public sidewalk or inside a city park, responsibility may fall on New York City or another public agency. That distinction matters in places like [Grand Army Plaza](https://nycgovparks.org/parks/grandarmyplaza), along Ocean Parkway, or near the residential buildings surrounding Prospect Park. Just because a tree is close to someone’s property doesn’t mean that person owns or maintains it. At Edelman, Krasin & Jaye, we’ll look into who owned the tree, who was responsible for its upkeep, and whether there were any previous complaints or maintenance issues. Depending on what we find, a property manager, tree care company, or another party may share responsibility for the accident. For a free legal consultation with a fallen tree lawyer serving Brooklyn, call [(800) 469-7429](tel:+18004697429) ## Does Bad Weather Excuse a Property Owner From Responsibility? Not necessarily. Heavy winds and storms can bring down healthy trees, and property owners aren’t automatically liable whenever one falls. But bad weather doesn’t erase a maintenance problem that existed before the storm. New York courts generally look at whether the responsible party knew or should have known about a dangerous condition. In[Rushton v. State of New York](https://www.nycourts.gov/REPORTER/3dseries/2020/2020_07936.htm), the court discussed how visible decay or defects that a reasonable inspection would have revealed may establish notice of a dangerous tree. A tree that falls without warning presents a different case from one with obvious damage that went unaddressed. Our Brooklyn fallen tree attorneys at Edelman, Krasin & Jaye will examine the available evidence rather than assuming every storm-related accident was unavoidable. Brooklyn Fallen Tree Lawyer Near Me [(800) 469-7429](tel:+18004697429) ## **What Warning Signs Matter in a Fallen Tree Injury Claim?** A tree doesn’t need to be completely dead to become dangerous. Large cracks, decaying wood, damaged limbs, or an unstable trunk may indicate a problem. Sometimes people have already complained about a tree before a branch falls. Those earlier warnings can become important in a premises liability claim. We may look for evidence such as: - **Previous complaints**: Reports to a property owner, building manager, or NYC 311 about the tree’s condition. - **Inspection records**: Documents showing whether the tree was examined and what problems were identified. - **Maintenance records**: Pruning, repair, or removal work performed before the accident. - **Witness information**: Accounts from people who noticed damaged branches or saw the tree fall. - **Photos and video**: Images of the tree, surrounding area, and visible damage before or after the incident. The [New York City Parks Department](https://portal.311.nyc.gov/article/?kanumber=KA-02138) accepts reports about fallen trees, hanging limbs, and other dangerous tree conditions on public property through NYC 311. Existing service requests may help establish whether the city had been alerted to a problem. [Click to contact](https://ekjlaw.com/contact-us/) our Personal Injury Lawyers in Brooklyn today ## What if a City-Owned Tree Caused Your Injuries? If the tree was owned or maintained by New York City, the claim may involve rules that don’t apply to an ordinary lawsuit against a private property owner. Under [New York General Municipal Law § 50-e](https://www.nysenate.gov/legislation/laws/GMU/50-E), a Notice of Claim generally must be served within **90 days** when that requirement applies to a municipal injury claim. The [New York City Comptroller’s Office](https://comptroller.nyc.gov/services/for-the-public/claims/file-a-claim/) handles notices of claim against the city. Filing this notice is different from filing a lawsuit, and additional deadlines apply. For most personal injury claims against private property owners, New York allows **three years**to file a lawsuit under [CPLR § 214](https://www.nysenate.gov/legislation/laws/CVP/214). If your claim is against New York City, the deadline is generally much shorter: one year and 90 days under [General Municipal Law § 50-i](https://www.nysenate.gov/legislation/laws/GMU/50-I). Certain exceptions may apply, so it’s important to find out who was responsible for the tree as soon as possible.  At Edelman, Krasin & Jaye, we can review your case and help you understand the deadlines that apply. Complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/) now ## What Can You Recover After Being Struck by a Falling Tree? A falling tree or branch can cause broken bones, head injuries, internal bleeding, or damage to the spine. Someone struck while walking may need surgery or rehabilitation. A driver injured when a tree falls across the road may face additional questions involving automobile insurance and New York’s no-fault insurance system. Depending on the circumstances, an injury claim may include compensation for medical expenses, lost wages, future treatment, pain and suffering, and other losses. Property damage, such as repairs to a vehicle, may involve a separate insurance claim. Our fallen tree lawyers in Brooklyn at Edelman, Krasin & Jaye will look at how the accident has affected your ability to work and live normally. We’ll also review the available insurance policies and deal with insurance adjusters who may dispute whether the tree’s condition was foreseeable. ## Speak With a Brooklyn Fallen Tree Injury Lawyer If you were hurt by a falling tree or branch near Prospect Park, on a Brooklyn sidewalk, or outside a residential building, you may have questions about who was responsible. We can help you find answers. At Edelman, Krasin & Jaye, we offer**free consultations**and make it easy to speak with an attorney. You can meet with us by Zoom, visit one of our offices, or ask about arranging a meeting at a location convenient for you. Our founding partner’s experience working for insurance companies also gives us insight into how injury claims are evaluated and challenged. You don’t need to know who owned the tree before contacting us. Reach out to [Edelman, Krasin & Jaye](https://ekjlaw.com/about-us/) for a free case evaluation and tell us what happened. We’ll review your situation and explain your next steps. Call or text [(800) 469-7429](tel:+18004697429) or complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/) Brooklyn Personal Injury Blog Posts: [![5 People Seriously Hurt When Tree Falls in NYC](https://ekjlaw.com/wp-content/themes/edelman-child/assets/app/img/default-image.webp)](https://ekjlaw.com/blog/5-people-seriously-hurt-when-tree-falls-in-nyc/) ### [5 People Seriously Hurt When Tree Falls in NYC](https://ekjlaw.com/blog/5-people-seriously-hurt-when-tree-falls-in-nyc/) Last week in Bryant Park, a 25-foot tall London Plane tree suddenly snapped in half, narrowly missing a children’s [![Fallen Tree Incidents in NYC on the Rise](https://ekjlaw.com/wp-content/themes/edelman-child/assets/app/img/default-image.webp)](https://ekjlaw.com/blog/fallen-tree-incidents-in-nyc-on-the-rise/) ### [Fallen Tree Incidents in NYC on the Rise](https://ekjlaw.com/blog/fallen-tree-incidents-in-nyc-on-the-rise/) Although large trees are a highly valued feature of the New York area when they are not properly maintained, a fallen --- Source: https://ekjlaw.com/brooklyn-ny/fallen-tree-lawyer/