Law on Responsibility on Damage to Others

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Ken

Platinum
Jan 1, 2002
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On Sunday, a very tall,very old pine tree on the property across the street fell and landed on the property where I live, knocking down electrical wires that also fell on the condominium's property. When the wires hit the ground there were several large explosions, an electrical fire, and balls of fire ran along the electric wires in several of the apartments doing damage to the wiring and various electrical appliances.

In this situation, does the owner of the tree have responsibility for the damaged caused by the tree falling?
 
H

HOWMAR

Silver
Jan 28, 2004
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I don't know about Dominican law but in the US the owner of the tree would have had no responsibility unless negligence could be proven (i.e. the neighbor knew he tree was dead). Acts of God are recognised in the Law. Can you imagine after a hurricane proving whose tree hit whose house?
 
C

cuplhuang

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Apr 20, 2005
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HOWMAR said:
I don't know about Dominican law but in the US the owner of the tree would have had no responsibility unless negligence could be proven (i.e. the neighbor knew he tree was dead). Acts of God are recognised in the Law. Can you imagine after a hurricane proving whose tree hit whose house?
Click to expand...
It is the same in China. Negligence is necessary for civil responsity caused by torture.
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Article 1384 of the Civil Code: ?A person is liable not only for the damages he causes by his own act, but also for those caused by the acts of persons for whom he is responsible, or by things which are in his custody . . . . ?

Based on this provision, Dominican Courts have determined that the person who has the ?custody? of any object or thing, for example, a tree in your case, is liable for any harm caused by that object or thing, without need to prove negligence or the commission of a ?fault? against that person.
The ?custodian? of the tree could only destroy the presumption of liability by proving that the accident was caused by the victim or by force majeure.

This should be a very easy case for the plaintiff.
 
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