by Matthew V. Villani

On May 2012, a twenty-five year old man from New Jersey was killed when a four-foot, 70-pound tree branch fell on top of him at work.  Trees and their branches are common causes of personal injury.  However, under New Jersey Law, mother-nature isn’t always to blame for these accidents.

A commercial property owner or occupant has a duty, under New Jersey law, to ensure that the trees on their property do not create a danger to people on the property, on the neighboring property or to someone using the adjacent street or sidewalk.  See Narsh v Zirbser Brothers, Inc., 111 N.J. Super. 203, 208-209, 215 (App. Div. 1970).

In fact, the commercial property’s owner’s duty includes an obligation to perform reasonable inspections in order to determine whether the trees are dying, dead, or whether the tree branches are presenting an otherwise dangerous risk.  Narsh, 111 N.J. Super.at 209.

Here at Ginarte Gonzalez Winograd L.L.P., we focus on representing NJ and NY accident victims and protecting their rights. Contact our office at (888)-GINARTE for a free consultation and we will make sure your rights are not lost.