Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Establishes liability for harm caused by defective trees.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing liability for harm caused by certain defective trees and supplementing Title 2A of the New Jersey Statutes and Title 17 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An owner of private land is subject to liability for harm caused to a person, structure or other chattels on residential property outside of the land by a defect in the condition of a tree thereon, if the exercise of reasonable care by the land owner:
(1) would have disclosed the defect and the risk associated with that defect; and
(2) would have made the defect reasonably safe by repair or other remedial action.
b. “Residential property” means a property zoned for residential use on which a one or two family dwelling is located, and does not include any public space such as sidewalks or roadways.
2. In any action to recover damages pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the plaintiff shall have the burden of proving the existence of a defective condition of the tree at a time prior to when the harm occurred so that an opportunity existed for the land owner to make the condition reasonably safe by repair or other remedial action.
3. a. Any homeowner’s insurance policy issued or renewed after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) for a property located within or adjacent to a residential area shall include coverage for potential liability under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. “Residential area” means a portion of a municipality zoned for residential uses, including those portions zoned for mixed residential uses.
4. This act shall take effect immediately.
STATEMENT
This bill establishes liability of an owner of property for harm caused by a tree in certain situations.
New Jersey Courts currently follow Section 363 of the Restatement (Second) of Torts, which does not hold a landowner liable for harm caused by a naturally occurring condition on the property. New Jersey Courts have interpreted this section to mean that a property owner is only liable for “active conduct,” meaning that the owner is not liable for damages to neighboring property or person caused by a tree unless that owner has taken some affirmative step which impacted the condition of the tree. For example, under current New Jersey law, if there exists a defective tree on land and a landowner did not plant the tree and took no action with respect to the condition of that tree, the landowner would not be responsible if that tree collapsed and destroyed a neighboring home, even if a basic inspection of that tree would have revealed the danger it posed.
Pennsylvania courts have also relied upon Section 363 of the Restatement (Second) of Torts, but have carved out an exception in certain circumstances. This bill is based upon that exception and would make an owner of land responsible for caused to a person, structure or other chattels on residential property outside of the land by a tree which existed on the property in a discoverable defective condition at the time the tree caused harm to a residential property or a person located on that residential property.
This bill does not establish liability of a landowner for harm caused by a non-defective tree. The bill also requires that any homeowner’s insurance policy for a property located within or adjacent to a residential area shall include coverage for potential liability under the bill.