Many of the trees in New York City are the responsibility of the New York City Parks and Recreation Department, and that agency has staff dedicated to their inspection and care. Particularly after storms, there are often many damaged tree limbs, which may make it difficult for City workers to address the problems in a timely manner.
When unhealthy trees are located on playgrounds, a broken limb could lead to an accident that harms a child. NBC New York reported that two boys were hurt at a city park when a large tree branch fell on top of them. One child sustained serious injuries due to the incident, while the other suffered bruises and lacerations.
According to the Civil Court of the City of New York, because the NYC Parks Department is a Mayoral Agency, a parent whose child has been injured by a falling tree limb may file an action against the City seeking damages for medical costs and pain and suffering. However, before taking this step, the City must be notified. A person has 90 days from the date of the accident to provide notification of the injury and begin the process.
In some cases, after reviewing the claim, the City may offer a settlement. This is usually determined within 30 days after the claim is made. After 30 days, an action can be filed. There is also a time limit set on how long a person has to file a claim. The statute of limitations for actions against the City is one year and 90 days from the date that the incident occurred.
