Who should be in charge?The big tree was smashed down and the car did not find the "master" for a month and a half

Author:Peninsula Morning Post Time:2022.08.12

After a large wind, a 10 -meter -tall tree was uprooted by a 10 -meter -high tree near the road near Building 1, Xinggongbei Street, Shahekou District, Dalian. Fortunately, it was blocked by a truck, and it was not smashed to the residential building. Now a month and a half has passed, the car is still there, the trunk is still pressed on the carriage, but the owner of the smashed car has not found the "master" of the big tree.

Big tree push to the truck

Mr. Yuan, a citizen of Dalian, lives in Building 1, Xixiu Street, Xinggong, Shahekou District. On weekdays, he placed his truck and parked on the public parking space on the side of the road. On June 27, Dalian ushered in heavy rainy weather. At 8 am that day, Mr. Yuan went out to pick up the car to pull the goods, but found that the truck was smashed by a big tree by the road.

It turned out that the wind blew a large wind that morning, and the big tree was rooted and smashed on Mr. Yuan's truck. "The trunk is smashed at the rear of the truck, causing the carriage to deform, and a tire is also crushed."

Mr. Yuan said that the old elm tree that was fell down was about 60 cm in diameter and a height of about 10 meters. The big tree fell to the residential building opposite the road. "Fortunately, it was blocked by the compartment, otherwise the tree had to be smashed into the residential building, and facilities such as cables and natural gas pipelines had to be smashed."

Worried that the big tree continued to fall down, it would endure the safety of past vehicles and pedestrians, Mr. Yuan immediately contacted Xi'an Road Street, reported to the relevant departments on the street, and then worked to cut off the crown of the tree to the pedestrian trail. "Workers are also preparing to clean up the trunk pressed on the car, but I stop it."

I didn't find the "Lord" for a month and a half

Mr. Yuan said that his truck was only intertwined with strong insurance, and the big tree was crushed by the big tree, and the insurance company could not bear the maintenance cost. And his car was damaged for no reason at the parking space, and his responsibility could not be borne by himself. "This is also the purpose of not letting workers clean up the trunk. I am afraid that if I don't know the future, I will keep the scene."

In the following and a half months, Mr. Yuan embarked on the road of "big tree to find the master". "In order to find the property unit of this tree, I went to several departments such as the streets, locomotive factories, and Housing and Urban Construction Bureau, but they did not say that they did not manage them. I found it more than 10 times before and after. "

Because the property rights unit or management unit of the trees could not be found, the scene was still retained. The cut tree head was piled on the pedestrian trail, and the trunk was still pressed on Mr. Yuan's truck. "Affecting the passage of past pedestrians, when people pass by, they will stop and take a look. This is simply a 'attraction'."

Mr. Yuan said that this incident had a serious impact on his life. "I did not leave the car for a month and a half, and there was no income during this period. It's time! "

Multi -sector claims that the tree does not return to its management

In order to find the property rights unit or management unit of Dashu, the reporter first called the relevant person in charge of the relevant person in charge of CITIC Dalian Industrial Management Co., Ltd., and the other party said that as of October 2018, they had put houses, water supply, power supply, heating, and property. Social functions such as management have been transferred as a whole. In other words, they no longer assume the property management work, and the big trees that have fallen into them will no longer be managed by them. Therefore, the big trees fall into the car, and the compensation issues should not be borne by them.

The reporter also contacted the staff of Dalian Jianong Property Co., Ltd., and the other party said that they only received public housing and house maintenance funds in the area and other areas of Xinggongbei Street, but they did not include these trees. They are not very clear about which department. Earlier, there have been trees that have been smashed by trees in this area, and they found them, and they did not come forward.

The reporter also contacted the staff of the Garden Management Office of the Shahekou District. The other party said that the trees by Xinggong North Six Street were not handed over to them. At present, who these trees are responsible for maintenance, they are not very clear.

The victim can sue "to find the Lord"

The reporter also contacted the staff of Xi'an Road Street. The other party said that Mr. Yuan had previously found the street and they had a detailed understanding of the matter. “首先我们街道没有资格接管这些树木,我们也联系了市政部门,而市政部门也没有接收这些树木。另外,机车厂称这些树木已经进行了移交,但并没有树木移交手续。”工作人员表示, Mr. Yuan can defend his rights by prosecution, and then the court determines the property rights units of these trees.

"Once the vehicle is smashed by the tree, the owner can ask for compensation from the property unit or management unit of this tree." Lawyer Wang Jinhai, a law firm of Beijing Yingke (Dalian) Law Firm And management responsibilities, such as whether the property unit's usual management of these trees is in place, whether anyone is destroyed, whether it is a dangerous tree, whether there are pests in diseases and insects, whether the branches and leaves are properly trimmed. Corresponding responsibility.

If the victim cannot determine the property rights unit or management unit of the trees, they can go to the court to prosecute, and the court determines that the tree property unit or management unit of the trees can be requested to compensate.

Peninsula Morning Post, 39 -degree video reporter Tong Liang

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