In fact, damage can come from many causes, including trees. When trees cause damage to another entity, the owner is responsible for compensating for the damage.
According to the provisions of Article 604 of the 2015 Civil Code on compensation for damage caused by trees:
Article 604. Compensation for damage caused by trees
The owner, possessor, or person assigned to manage the tree must compensate for damage caused by trees.
According to the general principle of tort compensation, liability for damages arising from illegal acts can exist in the form of action or inaction. Accordingly, when trees cause damage, those with related rights and obligations must be responsible for compensating the damaged person. The subject’s compensation liability is determined based on the subject’s illegal actions, specifically in the form of inaction.
Normally, entities responsible for managing and using trees have an obligation to ensure the safety of those around them by performing tasks such as: spreading branches; If the tree is in danger of falling or breaking, it must be cut down or cut down;… However, the subject did not do it or did it incorrectly, causing damage to occur, so they are forced to be responsible for compensating for the damage. damaged person. Based on the provisions of law, the following entities are responsible for compensating for damage caused by trees:
– Firstly, the owner : In principle, the owner is the person who directly uses, manages and utilizes the trees, they enjoy the benefits and income that the trees bring. Therefore, when damage occurs, they must be responsible. However, in some cases, even though the owner does not directly manage and use the trees, he or she is still responsible for compensating for damages, if there is an agreement between the owner and the property manager. the owner is responsible for compensation. From there, it can be seen that the owner’s responsibility to compensate for damage caused by trees comes from the following three principles:
+ The owner is the person who directly uses and manages the property. As an owner with full rights to possess, use, and dispose of, the subject can perform all actions with respect to his or her property. They enjoy the benefits that trees bring, so when trees cause damage to others, they must be responsible.
+ The owner did not implement or improperly implemented safety measures, causing damage. Accordingly, the subject whose assets are trees must perform safety tasks such as cutting, pruning branches, cutting down trees when there is a risk of falling, etc. When these tasks are not performed or performed. If it is incorrect and causes damage to others, the owner will naturally be responsible.
+ The owner has an agreement with the manager and user of the trees that the owner will be responsible for compensating for damage caused by the trees.
– Second, the possessor and the person assigned to manage the tree: The possessor and manager of the tree is the subject with rights and obligations related to the tree, therefore, they must be responsible for damage caused by the tree. damage caused during the period of possession and management, specifically:
+ The possessor is the person who both manages and takes care of the tree for the owner and actually holds the tree. They are either empowered by the owner or not. That is, they can be legal or illegal possessors. However, that does not affect their responsibility to compensate for damages.
+ The manager is the person to whom the owner transfers the right to manage the trees for a specified period of time or not. During the management period, the manager has the obligation to care for, protect, and take measures to ensure the safety of the trees and surrounding people. Therefore, during that time, if trees cause damage to other entities, they are obliged to compensate for the damage.
