Wind-related injuries
High-Wind Injuries in New York City: Falling Debris, Scaffolds and Trees
Strong winds can turn loose construction material, damaged facades, signs and tree limbs into falling hazards. Whether an injury becomes a claim usually depends on whether the owner or builder took the precautions the situation called for.
By Michael A. Licatesi · Published · Updated
The short answer
- Wind alone does not decide the case. The question is usually whether the owner, contractor or agency in charge failed to secure, inspect or maintain the thing that fell.
- Before high winds, the NYC Department of Buildings tells contractors to tie down loose material, secure netting, scaffolding and sidewalk sheds, and suspend crane and hoist operations when wind speeds reach 30 mph or greater.
- For a fallen tree, New York courts look at whether the party responsible for it had actual or constructive notice of the tree's dangerous condition, such as decay that was readily observable.
- If a city tree, sign or public building is involved, public-entity notice and filing rules apply, and they differ for local governments, public authorities and the State.
This guide explains general principles. It is not legal advice about a specific incident.
What tends to fall or fail in a windstorm
Wind-related injuries in the city usually come from a short list of sources:
- Construction material and debris, such as plywood, netting, tools and loose materials on unsecured sites.
- Scaffolds, sidewalk sheds and construction fences that were not braced or secured.
- Building facades and attachments, including loose bricks, cornices, signs, awnings, antennas and window units.
- Trees and branches, especially limbs that were already dead, decayed or damaged.
- Snow and ice blown or sliding off roofs, ledges and awnings in winter storms.
- Vehicles pushed off course by gusts, or crashes caused by debris in the road.
Each source points to a different responsible party and a different set of records, so it helps to identify exactly what fell and where it came from.
Who may be responsible, by what fell
Construction material, netting, fence or sidewalk shed
Who may be responsible The general contractor, subcontractors and the property owner
Records that matter Site safety plans, permits, inspection logs and whether the site was secured before forecast winds
Facade piece, sign or building attachment
Who may be responsible The building owner and anyone responsible for the sign or attachment
Records that matter Facade inspection reports, repair history and prior complaints or violations
Tree or branch on private property
Who may be responsible The property owner
Records that matter Evidence of visible decay, dead limbs or earlier damage before the storm, and any prior complaints
Street tree, public sign or public building
Who may be responsible The city or the public agency that maintains it
Records that matter Maintenance and complaint records; a notice of claim or other public-entity filing is required on a short deadline
Loose items from a business or home
Who may be responsible The owner or occupant in control
Records that matter Photos of the object and whether it was left unsecured before the wind
| What fell | Who may be responsible | Records that matter |
|---|---|---|
| Construction material, netting, fence or sidewalk shed | The general contractor, subcontractors and the property owner | Site safety plans, permits, inspection logs and whether the site was secured before forecast winds |
| Facade piece, sign or building attachment | The building owner and anyone responsible for the sign or attachment | Facade inspection reports, repair history and prior complaints or violations |
| Tree or branch on private property | The property owner | Evidence of visible decay, dead limbs or earlier damage before the storm, and any prior complaints |
| Street tree, public sign or public building | The city or the public agency that maintains it | Maintenance and complaint records; a notice of claim or other public-entity filing is required on a short deadline |
| Loose items from a business or home | The owner or occupant in control | Photos of the object and whether it was left unsecured before the wind |
Construction workers injured on the job have additional protections under New York's Labor Law and a separate claims process; see our construction accident lawyers page.
What the city tells owners and builders to do before high winds
The NYC Department of Buildings issues weather advisories before strong wind events. Its January 1, 2025 advisory, issued for wind gusts of up to 50 miles per hour, listed precautions including:
- Tie down and secure material and loose debris at construction sites.
- Secure netting, scaffolding and sidewalk sheds, and brace and secure construction fences.
- Suspend crane operations and secure crane equipment, and suspend hoist operations and secure exterior hoists, when wind speeds reach 30 mph or greater.
- For property owners: bring inside loose, lightweight objects such as lawn furniture, potted plants and garbage cans, secure retractable awnings, and check that gutters, roof drains and downspouts are clear.
The department said it would perform random spot-check inspections and issue violations and stop work orders where necessary. These advisories are useful in a claim because they show what precautions the city itself treats as standard when strong winds are forecast.
Facades on taller buildings
Under the city's Facade Inspection and Safety Program, owners of buildings higher than six stories must have exterior walls and appurtenances inspected every five years by a qualified exterior wall inspector. When a piece of a facade falls, those reports and the owner's repair history are among the first records to request.
Fallen trees and branches
A fallen tree is not automatically someone's fault. In Tavernese v Town of North Hempstead (2025), where a large branch from a tree next to a sidewalk struck a pedestrian, the Appellate Division framed the question as whether the town had actual or constructive notice of the tree's dangerous condition before the accident. Quoting earlier decisions, the court explained that constructive notice requires a defect that is visible and apparent and that existed long enough to be discovered and fixed, and that for trees the signs of decay must be readily observable. Because the town did not show it lacked notice, its request to dismiss the case was denied.
Trees along city streets and in parks raise public-entity rules as well. Our guide to injuries caused by public hazards explains how those claims work.
Step 1
Document what fell and where it came from
- Get medical or emergency help first. Take photos only from a safe distance; stay away from damaged scaffolds, hanging debris, downed wires and traffic.
- Photograph the object, where it landed and where it came from, such as the scaffold, facade, sign or tree.
- Note the address, any contractor or permit signs, and any sidewalk shed or construction fence nearby.
- Save weather alerts and the time of the incident.
- Get witness names and note cameras on nearby buildings.
Step 2
Get medical care and report the incident
Get checked promptly, even if the injury seems minor, and report the incident to the building or site management in writing. Debris and damage are often cleared within hours, so photos and witness details collected early can be the best evidence of what happened.
Step 3
Watch the deadlines
Claims against a private owner or contractor generally must be filed within three years under CPLR 214. If a public tree, sign, vehicle or building is involved, the deadline is much shorter: A city, county, town, village or school district generally requires a notice of claim within 90 days under General Municipal Law 50-e. A claim against New York State goes to the Court of Claims under Court of Claims Act 10, and some public authorities, such as transit or housing authorities, have their own statutes. See our guide on how to sue a city or public agency in New York.
Frequently asked questions
Possibly. The claim usually depends on whether the owner or contractor failed to secure, inspect or maintain the object that fell. Weather advisories, inspection reports and repair records help show whether the danger was preventable.
Courts generally ask whether the party responsible for the tree had actual or constructive notice of its dangerous condition, such as readily observable decay or dead limbs. For a street or park tree, the public entity that maintains it may be responsible, and a notice of claim or other public-entity filing is required on a short deadline.
The contractor, the property owner and others involved in the work may be responsible. The NYC Department of Buildings tells contractors to secure netting, scaffolding and sidewalk sheds before high winds, which is a useful benchmark.
Yes. Construction workers have workers' compensation and may also have claims under New York's Labor Law against owners and contractors. Those claims follow different rules than a pedestrian's claim.
Related guides
Sources
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