Posted on Jun 27, 2010
In a tragic incident that occurred yesterday just outside the Central Park Zoo, a six-month old infant was killed when a large tree branch fell on her mother - who was holding her - and her.

Apparently, the mother is still in critical condition.

According to the New York City Parks Department, since the tree was located within the zoo limits, it is supposed to be maintained by the Wildlife Conservation Society, which runs the zoo.

Although you might be tempted to think that WCS is automatically liable for this incident under New York law, the truth is that liability is far from certain; like in a trip and fall case, a court may well find that the plaintiff may have to prove that WCS either knew, or should have known, that this branch was a danger, yet failed to remedy it in a timely fashion, which in legalese is referred to as "notice."

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Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer