Monday, June 28, 2010

It Has to Be Some One's Fault

On Saturday, a branch fell from a tree in Central Park and killed a 6-month-old girl. The girl and her mother were posing for a picture in the park when the branch fell. The mother was critically injured. A law suit is already in the works.

The incident, according to the New York Times, was the latest in a string of "deadly episodes" in the park. Branches have been falling from trees in the park, "plummeting" to the ground and injuring passers by. According to accounts, there was no indication that the branch was a danger. It was "large and healthy" according to one official. Accidents have been occurring with "alarming frequency" according to the article. No numbers were given.

There is debate in New York City over who is at fault for the accident. The city admitted it did not know who was responsible for the tree. "The investigation is ongoing" said park spokesman Vickie Karp. The Central Park Conservancy, a private group that has maintained trees in the park since 1998, is also under scrutiny. Someone has to be responsible for that tree and its branches.

It was a tragic accident, no doubt about it. But it was a freak accident. So was the previous accident where, after an unusually heavy snow, a snow laden branch fell and killed a man. In the case of the woman and her baby, the branch fell from a tree that gave no indication that it was unhealthy or dangerous. It was one of the thousands of trees in the park. Notwithstanding the rarity with which branches fall from healthy trees, the odds of someone standing under a branch with their baby when it happens is hardly worth even considering. Central Park covers 136 acres. There are over 26,000 trees in the park. Each of those trees has many branches. The city of New York is not only responsible for those 26,000 trees, they are responsible for each and every branch on those trees.

The odds of being struck by a falling branch are extraordinary. It is frequently assumed that the greater the odds against something happening, the more likely someone is behind it when it does. Where the ancient Greeks and Romans saw the machinations of the gods when tragedy struck, modern Americans see liability. There can be no other explanation. It is believed that branches simply don't fall from trees and kill people. But they do. Just not very often. According to the Tree Care Association, there were 407 tree related deaths across the nation between 1995 and 2007. That is less than the number of people killed by lightening. About 90 people a year are killed by lightening.

I read of a case years ago where a man sued God for a misfortune he suffered. He actually won the case (God didn't show up for the trial). The judge congratulated the man on his victory and wished him luck in collecting. Perhaps the man ought to have sued the government instead.

Trees and branches fall all the time. But it is felt they should never fall on people. When it happens, someone should pay. There is already talk of the "death traps" lurking throughout Central Park. How many more trees and branches are going to have to fall on people before the government does something about it? Not many.

In unrelated news, a 12 year old boy at Benjamin Franklin Middle School in New Jersey suspected of being behind a case of cyberbullying was deemed innocent. A key in this determination is that the boy is a poor student and is unable to spell or form correct sentences. The text messages received by the girl were more or less grammatical: a feat beyond the young boy's ability. I suppose the good news at Benjamin Franklin Middle School is that one of their students is not stalking or harassing a young girl. The bad news is that they have a 12 year old boy who cannot spell or form sentences. All things considered, I suppose Benjamin Franklin came out ahead.

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