The Supreme Court ruled on damage to a motorist from a falling sequoia tree
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A car in the hotel parking lot was seriously damaged
If a car was damaged in a parking lot, the owner of the parking lot must compensate for it, regardless of whether the owner of the vehicle had the right to park there or not. The Supreme Court came to this conclusion after examining the case of a tourist whose car was damaged by a falling branch in a hotel parking lot.
The fall of a huge sequoia branch occurred in early July last year. The car received quite serious damage, so the man asked to recover 633.9 thousand rubles from the hotel. for repairs and 9.7 thousand rubles. state duties. However, he lost the trial; the appeal and cassation instances upheld the decision of the district court.
The reasons are quite simple: firstly, the owner of the car was not a hotel guest. Secondly, the reason for the fall of the branch was force majeure circumstances, namely extremely unfavorable weather conditions: on those days when the car was parked in Sochi, there were heavy rains and strong winds blew. Finally, thirdly, the tourist did not provide evidence of the hotel’s guilt. It would seem that the case is hopeless, but the Supreme Court decided otherwise.
As for the first point, it was dismissed immediately. The fact is that the man paid the security guard for parking, and he registered his car to one of the guests who was vacationing without a car. He kept the cash receipt for payment. Proof that the weather on the day the branch fell was disgusting was the conclusion of hydrometeorologists. The Supreme Court noted that this conclusion does not indicate that the weather events during that period were of an extreme nature. And a citizen is not at all obliged to prove guilt in causing harm. It is the person accused of causing harm who must prove that he did not cause it. The court decisions have been overturned and the case will be heard again in the first instance.
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