While the beauty of trees is generally well appreciated, their existence often results in injuries that raise questions regarding the legal responsibility of those who own them, or the surrounding area.
Tree Wells
New York City. The New York State Court of Appeals has determined that tree wells within city sidewalks are the city’s sole responsibility because they protect the tree and are not intended for pedestrian use.1 In Vucetovic v. Epsom Downs, the plaintiff tripped and fell when he stepped into a tree well on the sidewalk. In analyzing the statutory definition of “sidewalk” to determine whether a tree well is considered part of the sidewalk, the First Department held that, “[n]either trees or tree wells are ‘intended for the use of pedestrians,’ and therefore they are not part of the sidewalk.”2 Accordingly, since tree wells are not part of the sidewalk, abutting landowners are under no obligation to maintain or repair these areas.
