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A MUNICIPALITY HAS A DUTY TO INSPECT TREES ADJACENT TO ROADWAYS EVEN IF THE TREES ARE NOT ON THE MUNICIPALITY’S LAND; HERE THE MUNICIPALITY DID NOT DEMONSTRATE IT DID NOT HAVE CONSTRUCTIVE NOTICE OF THE CONDITION OF THE TREE WHICH FELL ON PLAINTIFFS CAR (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the town’s motion for summary judgment in this falling-tree traffic-accident case should not have been granted. Although the tree which fell on plaintiff’s car was on private property, it was adjacent to the road. A municipality has a duty to inspect trees adjacent to roads and the town failed to demonstrate it did not have constructive notice of the dangerous condition of the tree:

“A municipality’s duty to maintain its roadways in a reasonably safe condition encompasses those trees, adjacent to the roads, which could reasonably be expected to pose a danger to travelers. However, liability will not attach unless the municipality had actual or constructive notice of the dangerous condition and subsequently failed to take reasonable measures to correct the condition” … . “Municipalities also possess a common-law duty to inspect trees adjacent to their roadways” … .

“To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant’s employees to discover and remedy it” … . “Where there is no evidence that the tree showed any visible, outward signs of decay prior to the accident, it cannot be said that the municipality had constructive notice of a defect. Rather, a manifestation of decay must be readily observable in order to give rise to a duty to prevent harm” … . Jourdain v Metropolitan Transp. Auth., 2023 NY Slip Op 04421, Second Dept 8-30-23

Practice Point: A town has a duty to inspect trees which are adjacent to roads, even if the trees are on private property. Here the town did not demonstrate that it did not have constructive notice of the condition of the tree which fell on plaintiff’s car.

 

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