Wrong parking is not a basis for refusing compensation for falling branches – Kommersant

The Supreme Court of Russia ruled that violation of parking conditions is not grounds for not paying compensation to the car owner for damage to the car due to falling branches, it follows from definitions court studied RAPSI.

The Supreme Court prepared the corresponding ruling based on the consideration of a legal dispute between a tourist and a hotel complex regarding damage to a BMW car as a result of falling branches. It is reported that the owner of the foreign car was denied compensation by three courts. They stated that the plaintiff was not a hotel guest and therefore could not use the parking lot, and also cited adverse weather conditions on the day of the incident.

The owner of the BMW stated in the complaint that he paid for parking to the hotel watchman, who was subsequently fired, and the downpours with thunderstorms and squally winds of 20-22 m/s, predicted on the day of the incident, cannot be considered an emergency.

The Supreme Court’s ruling, in particular, states that the burden of proving one’s innocence lies with the person who caused the harm, but the courts obliged the car owner to prove the hotel’s guilt in causing harm to his car.

In addition, the Supreme Court referred to Article 14 of the “Law on the Protection of Consumer Rights,” which recognizes the right to claim compensation for damage caused as a result of defects in the service for any victim, regardless of whether he was in a contractual relationship with the contractor or not. The Supreme Court sent the case for a new trial to the court of first instance.

Erdni Kagaltynov