Some of the trees at our city’s playground were dead, and a child was injured by a falling tree branch. Is the city liable for not taking those trees down?
The city probably has some liability for not removing the dead trees. The city should have known that dead trees often lose their branches and, since these trees were located at a playground, it was also reasonable to assume that if a branch fell, a child would probably be injured. Failure on the part of the city to remove the trees in a timely manner or to close the park until the trees could be removed may make the city liable for the injuries. Factors that may limit the city’s liability would include whether the city attempted to rope off the section with the dead trees in any way or whether the city erected any signs about the dangers of falling branches.
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