Administrative Dispute Over Compensation for Damages from a Roadside Tree

During the season of heavy rain and unusually strong winds, government agencies are expected to anticipate the possibility of trees falling in highway areas. The occurrence of falling trees in these areas, which posing a danger to road users, does not constitute a natural disaster qualifying as force majeure. Consequently, the government agency’s failure to prevent the incident, resulting in a tree falling and damaging the Plaintiff’s vehicle, constitutes a breach of duty. Therefore, the agency is liable to compensate the Plaintiff for the damages incurred.
Even if the injured party does not file a lawsuit with the Court within 90 days after the expiration of the 180-day period from the date the government agency issued the acknowledgment letter, they may still exercise their right to claim by filing a lawsuit within one year from the date they became aware of the violation and the liable party. This date marks when they knew or should have known the cause of action, provided it does not exceed ten years from when the cause of action arose. In such cases, the court is entitled to accept the lawsuit for consideration and judgment.