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Liability for Damage Caused by Fallen Tree Branches on a Car That Parked in Time-limited Parking Street
Liability for Damage Caused by Fallen Tree Branches on a Car That Parked in Time-limited Parking Street

According to Section 89 paragraph one (6) and (10) of Bangkok Metropolitan Administration Act B.E. 2528 (1985), Bangkok Metropolitan Administration (BMA) has the authority and duty to carry out the maintenance of roads, waterways, drainage system and public space. In this case, the officials of the Defendant failed to perform the duty to maintain the trees within its district by not trimming tree branches that may cause danger to people’s lives and properties. Consequently, branches of the tree that situated beside the street fell on a car due to a mere slight rain. Hence, it was deemed that the Defendant neglected its official duty required by the law to perform and eventually committed a wrongful act pursuant to Section 420 of the Civil and Commercial Code. However, the car owner was at fault as well for not only parking under the tree during the rain which was contrary to the level of care that someone of ordinary prudence would have exercised under the same circumstances knowing that brittle trees and their branches are prone to fall, but also for parking on restricted street in non-prescribed hours. Therefore, the responsibility for damage caused by fallen tree branches on the car shall not be vested fully on the Defendant but shall be greater attributed to the car owner since the damage was inflicted by the negligence along with the failure to obey the traffic regulation of the car owner.







ปรับปรุงข้อมูลเมื่อ : 3 ก.พ. 2565, 15:28 น. | กลับขึ้นด้านบน |