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If an elm tree falls in the city, who pays for the damage? That鈥檚 a question the city of Portland鈥檚 legal department is sorting through after a century-old elm tree toppled over last week near the South Park Blocks.

The tree landed on 52-year-old Sabrina Van Riette, who is recuperating from surgery to fix a broken collar bone, according to news reports. The tree also damaged the historic St. James Lutheran Church, which sits on the corner of Southwest Jefferson Street and Park Avenue.

Harry Auerbach, chief deputy city attorney, says that he cannot comment specifically on this incident because it is still under investigation. He adds that the City Code places responsibility on individual property owners to maintain the trees in the rights-of-way abutting their properties.

The question of legal responsibility for aging, potentially dangerous trees is nearly as old as the trees themselves. In 2009, a New York City man filed suit against the city and the Central Park Conservancy after he was severely injured by a falling tree limb in the park. Last year, at least three families of young children killed by falling trees filed wrongful death lawsuits against municipalities. In one case, the parents of a 9-year-old boy killed by a falling tree in a Maryland campground received a $1.25 million settlement from the county that operated the campground.

For its part, the USDA Forest Service refers municipalities, colleges and other owners of properties with large trees to L.M. Anderson鈥檚 鈥淟egal Liabilities for Defective Trees in the United States.鈥� Published in 1988, the book lists seven general tips to help property owners avoid tree trouble.

Along with who assumes legal responsibility for Portland鈥檚 treasure trove of large, old trees, last week鈥檚 incident begs the question about how to protect the public from similar dangers in the future.

鈥淚n light of this incident, Portland Parks and Recreation is undertaking a hazard assessment of the city鈥檚 elm trees in the park at the South Park Blocks to determine whether any of them need to be removed,鈥� Auerbach says.