Fortune Telling Collection - Comprehensive fortune-telling - Who should I seek compensation for being hit by a roadside tree?
Who should I seek compensation for being hit by a roadside tree?
If trees break and hit people due to maintenance management mistakes, the tree manager shall make compensation, and the owner shall bear joint and several liability for compensation. If the smashed person is at fault, he should also bear the corresponding responsibility. If the tree is likely to be broken, the manager and owner of the tree have set up safety warnings around the tree and have fulfilled their obligations. However, the person who was smashed ignored the warning and still stood under the tree, and the losses caused by the tree being broken were borne by himself. If the road greening trees collapse and hurt passers-by, the greening tree management department fails to fulfill its security obligations. If the rotten greening trees are not treated, the management department shall be liable for compensation; If it is caused by force majeure, the parties concerned are not at fault and will not be liable for compensation. The infringer shall compensate the infringed for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, lost time, disability compensation and other reasonable expenses.
Legal basis:
According to Article 1257 of the General Principles of Civil Law of People's Republic of China (PRC), the owner or manager of forest trees shall bear tort liability if he cannot prove that he is not at fault for breaking, dumping or fruit falling.
Derivative problem:
How to avoid throwing objects at high altitude?
Exemption from damage caused by throwing objects in high-rise buildings;
1. If you can prove that you are not a criminal, you will be exempted;
2. If the specific infringer can be identified, the others will be exempted.
In the case of damage caused by throwing objects, the party who may become the injurer needs to prove the following matters to be exempted from liability:
(1) He was not in the building when the damage occurred;
(2) prove that he does not own anything that causes damage;
(3) Prove that there is objectively no possibility of damage caused by throwing objects.
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