NEW YORK, NY -- (Marketwire) -- 03/10/10 -- A Brooklyn father of two was tragically killed when a falling tree branch snapped under the weight of snow and struck him. Elmaz Qyra, 46, of Brooklyn, was declared dead at the location to the dismay of New York personal injury lawyers. As reported by The New York Times, the tree branch looked like it weighed 100 pounds, according to one witness. The branch also appeared to have struck Mr. Qyra directly on the head.

Traditionally, property owners have not been considered responsible for damage caused by falling tree limbs and other natural occurrences on their property. However, the tree owners do have a degree of responsibility. Courts generally measure negligence by determining if an ordinary standard of care was maintained. In other words, the tree owner is not responsible for the damage caused by tree branches knocked down by snow unless the victim or his or her family can establish that the limb fell because of its poor condition that the tree owner knew or should have known a danger existed.

"Unfortunately for Mr. Qyra's family, fault issues look like they will be complicated. The case will be determined by whether the city was negligent or not, meaning the family and their New York accident lawyers may most likely have to prove that the city breached the standard of care for the trees. The assistance of a Brooklyn personal injury lawyer can be immensely valuable to the family at this time," said David Perecman, founder of The Perecman Firm in New York.

"The incident is made more complicated by the fact that the accident occurred on public land in New York," the personal injury lawyer added.

The accident is similar to the one last summer in which Google engineer, Sasha J. Blair-Goldensohn, 33, was injured by a falling tree limb that fell because it was dead and rotted. Mr. Blair-Goldensohn was struck by the branch and sustained severe brain damage, spinal fractures and spinal-cord damage which have resulting in paralysis and other serious long-term injuries. After the horrendous incident, the tree limb was examined and discovered to be long dead and in danger of breaking and falling for a long period of time before the accident. The New York Post reports that the wife of Mr. Blair-Goldensohn sued the city of New York for $120 million dollars.

This February's heavy snow also crushed a section of wall at the aviary inside the Central Park Zoo, which workers hurried to fix before birds could fly away. It also knocked over tree branches including one that hit an MTA bus and another that hit a car, both accidents occurring on the Fifth Avenue stretch between East 69th to 71st Street. No one was seriously injured in either incident and police temporarily closed the street. On February 25, the city sent out a warning telling residents and visitors to New York to steer clear of public parks and walking under trees in New York to avoid personal injury. Lawyers agree with the warning.

David Perecman and The Perecman Firm, PLLC:

For the past 30 years, the New York personal injury lawyers, auto accident, construction accident, and medical malpractice lawyers at The Perecman Firm, PLLC have championed all types of cases for personal injury accidents. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.

The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.

*later settled while on appeal for $7.940 million
** later settled for $3.5 million
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"Prior results do not guarantee a similar outcome."

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