Windfall

“Lucky you! You just won the lottery and your windfall will make life very comfortable for you and your family. A windfall is a crazy bit of unexpected good fortune. First used in the fifteenth century, the word windfall originally referred to fruit that the wind blew from the trees.”

I just found that definition on line. I was looking for it because I wanted to confirm my understanding of the word. It seems only to have positive connotations, though it derives from damage to a tree. And many trees have suffered from all sorts of insults since the fifteenth century.

I heard yesterday that a woman was suing the city of New York because a tree fell on her and caused significant injury. It's a real tragedy and brings up the question of what is an accident or an Act of G-d and what is someone's responsibility. There were times when the former concept – an accident – was accepted as a reality, an unavoidable fact of life, but those days have passed. Now everything is someone's fault and the deeper his pockets the better. A falling tree can provide a real windfall, especially if its owner has a big bankroll.

Let me provide a little context:

According to The Associated Press, “[Hurricane] Harvey has so far killed at least 70 people who drowned in floods, got crushed by trees and died during power outages -- a surprisingly low toll that experts say reflects heeded warnings, swift action by first responders and volunteers, and no small amount of luck. … In 2005, Hurricane Katrina claimed more than 1,800 lives. Hurricane Ike was blamed for at least 20 deaths after hitting the Texas coast in 2008.”

Other reports tell us that the cost of the hurricane may be as much as $11 billion. That's an early estimate and it will certainly be many times higher, but no one struck by a tree is suing the United States and increasing the cost.

The tree in this case was in Central Park which is under the control of the NYC Department of Parks and Recreation. Its budget for 2017 was $480 million. “According to the Parks Department, street trees in New York City are pruned every 15 years; in the past, each tree was pruned on average every 7 years. In 2012, the tree trimming budget was $1.45 million per year … In 2013 the Parks Department had fewer than 100 climbers and pruners to maintain all of the City’s 2.5 million trees.” (That note comes from ekilaw.com, a law firm soliciting suits related to NYC tree damage – damage by trees, not to them .)

Acknowledging those facts, it's interesting to note that the woman is suing for $200 million. That's nearly 42% of the Parks Department's entire 2017 budget. The stated goal is to force the city to take better care of its trees. But I wonder if the possibility of a windfall wasn't part of the calculus in embarking on this noble crusade.

Many were killed by falling trees during Hurricane Harvey, and in other storms. No one was killed by this incident which involved one of two and a half million trees. Was it an accident or a result of negligence?

Should taxpayers bear any burden, especially one of this size, for they provide the contents of the city's “deep pockets?” The results were certainly tragic, but concern for the victim, by itself, doesn't justify a lawsuit and payoff. And if the department's budget for tree trimming is one and a half million dollars, even if is decided that the department was at fault for this accident, a suit for $200 million seems disproportionate.

Companies have been put out of business or damaged badly by this kind of vindictive lawsuit. While the suit is presented as a public service, I wonder how often it is simply viewed as a big money maker – a windfall for plaintiff and lawyer alike. And a sympathetic jury is manipulated into facilitating what some may view as extortion. (And lawsuits are sometimes used to delay or destroy projects often because of the ideology of the plaintiff, not the facts. Pier 55 in New York – a $250 million dollar project approved by both the public and political leaders – was stopped after six years of lawsuits by a few people. I read about it today.)

Life doesn't come with a guarantee. It has risks to which we're all subject. There are those guilty of acts that cause harm, but the public shouldn't always be held responsible for unavoidable acts and accidents. (Is the city to blame if someone is murdered within its boundaries?) Notwithstanding the view that it's invariably “someone's fault,” we can't always ensure happy lives or compensation for everything viewed as actionable by a lawyer.

We waste enough money on the whims of our “representatives.” We needn't do it on the whines of all our citizens and their lawyers. Their windfalls are often our losses. A windfall was originally an unexpected benefit. Now it's a business.

September 14, 2017