Is the wind blowing down the big tree of my neighbor's house and smashing my roof. Is it "force majeure"?

Believe in a large wind

Old horse was frightened and found out

My own roof was smashed by the tung trees next door

He quickly found neighbors Shen

You have to pay for this loss!

Old horse, there is no way! The wind is not my shave, this is "force majeure".

A tall puffer tree

This "Flying Causes"

Let's start with the tree next door of the old horse's house

Years ago

The neighbor next door Shenmou is on the west side of the old horse's house

About 80 cm places

Planting a Papar tree

Trees are seeing each day

It is more than 9 meters high now

One night in April last year

Bao Tong tree was scraped down by the wind

As a result, the roof of the southwest corner of the old horse house is damaged

Lao Ma Xiu Xiu Mixing

It took more than 2,000 yuan

The tree is your home, you have to pay me for the money for repairing the house!

The trees are scratched by the wind, which is force majeure, I don't pay.

After repeated negotiations

Lao Ma Yizhi complaint

Prosecution of Shen to the court

Court trial

According to the trial, the "Code of the People's Republic of China" stipulated that Article 1,57 of the Code of the People's Republic of China stipulated that due to the broken forest, dumping or fruit fall, etc. Bringing liability should be assumed.

The owner or manager of the forest has the obligation to manage and maintain all or the management of the forests or the management of the forests. It should take reasonable trimming and necessary protective measures to prevent forests from threatening the public's personal and property security of the public.

In this case, according to Shen's statement in the trial, the planting case involved in the trees is very close to the old horse's house, which is higher than the old horse house. Someone failed to take positive measures for management and maintenance, and did not fulfill their careful attention and management obligations. At the same time, this case is not an irresistible situation.

In summary, the court believes that all the trees in Shen caught the damage of the old horse's house. As a tree owner, Shen could not prove that he had no fault. Therefore, he should bear the liability for civil compensation for losses caused by the damage to the old horse.

After the judgment of the first instance, Shen did not accept it and appealed. The court of the second instance maintained the original judgment.

Activity is an objective situation that cannot be foreseeable, unavoidable, and cannot be overcome. The so -called unpredictable refers to the ability to predict the occurrence of an event according to the existing technical level.

It is inevitable and unpredictable. It means that the parties have done their best efforts and take all measures that can be taken. They still cannot avoid the occurrence of damage caused by the occurrence of a certain incident or overcoming the incident.

In this case

When Shen planted a tree next to Ma's house

It should be known that the trees grow to a certain height

Will become a hidden safety hazard of neighbors

When a natural disaster occurs

It is very likely that the forest is broken and dumped

Therefore

It cannot be called unpredictable for the result of the damage

When the tree causes damage

Adopting the principle of blame for faults and preservation, it is presumed that the negligence and slackness of all people or administrators should be proved by everyone or manager to prove that they have fulfilled their obligations and have no subjective fault.

In this case, the broken trees caused the damage of Ma's house to be caused by natural reasons. Or transplantation to prevent it before it occurs. The result of the damage can still be avoided, so it cannot be called Shen's inevitable and unavailable to overcome the result of the damage.

Shen Mou involved in the case

Lack of necessary management and maintenance

As a result, the tree collapsed in the strong wind

Its inaction and the results of the damage occur

Cause and effect

therefore

The consequences of the damage in this case occur

In fact, everyone is wrong

Therefore, it has constituted infringement

Infringement liability should be assumed in accordance with the law

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