Syracuse Personal Injury Law Blog
Motorists approaching intersections generally must check for oncoming traffic before proceeding. If an obstruction inhibits their vision, though, they may not be able to ensure that the way is clear. For example, if a property owner allows bushes or trees that grow adjacent to the intersection to become overgrown, they may hinder motorists’ views. Recently, a New York court addressed the issue of whether a homeowner can be liable for failing to maintain their vegetation if said vegetation allegedly causes a fatal car accident. If you lost a loved one in a car crash, it is smart to talk to a Syracuse personal injury attorney to determine what claims you may be able to pursue.
Facts of the Case
It is alleged that the plaintiff’s decedent sustained injuries in a collision between the vehicle he was driving and a vehicle owned by the defendant owner and driven by the defendant driver. The collision occurred at an intersection, where the plaintiff’s decedent encountered a stop sign while the defendant driver did not have a stop sign. The plaintiff’s decedent initiated a lawsuit to recover damages, naming the town where the accident occurred, the defendant driver and owner, and the owners of the property adjacent to the intersection as defendants.
Reportedly, the defendant property owners moved for summary judgment to dismiss the complaint, and the court granted their motion. The plaintiff plaintiff’s decedent appealed, and during the appeal, he passed away, resulting in the plaintiff taking over the case as the administrator of his estate.
Property Owner Liability for Collisions Caused by Overgrown Vegetation
On appeal, the court reversed the trial court ruling. The court noted that in New York, homeowners are generally not obligated by common law to prevent vegetation from obstructing public roadways unless specific statutes or ordinances impose such a duty. Here, the code for the town where the accident occurred limited the height of certain vegetation on corner lots to prevent traffic visibility issues.
Further, the court explained that the defendant property owners were unable to demonstrate that they were entitled to have the complaint against them dismissed, as they failed to provide sufficient evidence of their compliance with the code, as photographs were introduced into evidence that showed potentially obstructive foliage extending above a stop sign.
The court elaborated that this foliage might have exceeded the height limit set by the code, and therefore, the defendant property owners could not establish their compliance, leading the court to conclude that there were unresolved factual disputes regarding their violation of the code. As such, the court reversed the trial court ruling.
Speak to an Experienced Syracuse Personal Injury Attorney
Multiple factors can create unsafe environments that ultimately lead to car accidents, and the parties that create such conditions such be held accountable for any losses caused by their negligence. If you lost a loved one due to a collision brought about by another person’s carelessness, you could be owed compensation, and you should speak to an attorney. The experienced Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess the circumstances surrounding your loss and advise you on what claims you might be able to pursue. You can contact us via our form online or by calling us at 833-247-8427 to set up a meeting.