Your Tree, Your Responsibility? A Guide to Tree Related Accident Liability in New Jersey

Don't Assume You're Protected: New Jersey Law Places Legal Responsibility for Tree Related Injuries and Property Damage on Homeowners in Some Situations

If a tree on residential property causes injury or damage, who is legally responsible? This is a common and complex question in New Jersey personal injury and property damage cases. Whether you're a homeowner concerned about potential liability or someone injured in a tree-related accident, it's important to understand how New Jersey law assigns responsibility for these incidents. Legal standards can vary widely from state to state, and this article focuses specifically on New Jersey law.

Property Damage from Trees Related Accidents: When Homeowners Are Not Liable

Under New Jersey law, homeowners are generally not liable for damage caused by natural conditions of their land that they did not create. This principle was clearly stated in the case Scannavino v. Walsh, 445 N.J. Super. 162 (App. Div. 2016), where the court ruled that homeowners were not responsible for damage caused by tree roots that extended into a neighbor's property.

The rationale behind this decision is that it's unfair to hold property owners accountable for natural hazards they did not create or modify. So, if a tree simply grows naturally and a branch falls or roots expand, causing damage, the homeowner will generally not be liable, so long as they did not engage in any action that contributed to the condition.

However, this protection doesn't extend to every scenario. If a property owner alters or maintains the tree in a way that contributes to a dangerous condition (such as improper pruning, creating instability, or failing to remove a visibly dead or leaning tree), liability could arise.

Personal Injuries from Tree Related Accidents: Greater Duty Owed to Guests and Invitees

New Jersey homeowners owe different levels of legal duty depending on who enters their property. These duties are outlined in New Jersey Model Civil Jury Charge 5.20F: Duty Owed—Condition of Premises.

Injuries to Social Guests (Licensees)

A homeowner must warn social guests of known dangerous conditions, including natural ones like trees, if the guest wouldn't reasonably be expected to notice the danger. If the homeowner knows that a tree poses an unreasonable risk of harm (e.g., visibly decaying or unstable) and fails to take action or issue a warning, they could be held liable if the guest is injured.

Invitees (e.g., Contractors)

Invitees are owed the highest duty of care. Homeowners must take reasonable steps to inspect and maintain the premises, and this includes trees. If a contractor or service provider is injured due to a dangerous tree that the homeowner knew or should have known about, the homeowner may be liable.

Trespassers: Limited Liability, With Exceptions

For adult trespassers, New Jersey law generally does not impose liability for natural conditions like trees. Homeowners are only required to avoid willful or wanton misconduct that causes injury. For child trespassers, there is a narrow exception under the doctrine of "attractive nuisance" when an artificial condition on the property causes injury. However, natural conditions like trees typically do not trigger liability under this doctrine, even if the child is injured.

Key Takeaway: Liability Depends on the Nature of the Condition and the Visitor

New Jersey law makes critical distinctions:

• Was the tree a natural or artificially modified condition?

• Was the injured person an invitee, licensee, or trespasser?

• Did the homeowner know or have reason to know about the danger?

These questions often determine whether a homeowner is legally responsible for a tree-related accident.

When to Contact a New Jersey Attorney

Whether you're a homeowner facing a claim or someone injured by a dangerous tree, understanding your rights under New Jersey premises liability law is essential. At Kemeny, Ramp & Renaud, LLC, our attorneys have experience representing both property owners and injury victims in complex premises liability cases.

We can evaluate your case, help you understand your legal options, and fight for the outcome you deserve. Contact us today to schedule a consultation.