Typhoon blows down trees and causes the villagers' house to collapse. The court ruled to stop the dispute
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Ganzhou Court Network News On April 23, due to a sudden change in the weather, a big tree in Dai, a villager in Longwangmiao Village, Dayu New City, was blown into the courtyard of a villager Song's house by a typhoon, causing the house of Song's house to collapse. The two parties had a dispute over this and filed a lawsuit in court. Recently, the Dayu County People's Court ruled the dispute in the first instance.
The first instance court found out that Song and Dai were villagers in the same village, and Song’s house was adjacent to Dai’s land. At around 2 pm on April 23, 2019, a cerevisia tree that naturally grew on Dai's land fell on the roof of Song's house due to wind and rain, causing the tiles of Song's roof to break, and the walls on the east and west sides collapsed. A tricycle parked on the east side of the house was scraped down by branches. After the incident, Dai hired someone to clean up the branches of the neem tree. Since then, the two parties failed to negotiate on compensation, resulting in a lawsuit.
The first instance court held that Article 90 of the Tort Liability Law of the People's Republic of China stipulates that if the owner or manager of Linmu cannot prove that he is not at fault, he shall bear tort liability if he or she causes damage to others due to a broken forest. In order to reduce the burden of litigation of the parties and save judicial resources, the court ruled that Dai Mou paid Song Mou a total of 2,000 yuan in various economic losses based on the reasons for the fall of the house, the actual collapse location and area of the house, the market price of the construction materials and labor in the local area of the incident, and the possibility of reuse of some items.
