A 100-year-old tree inside a university was uprooted by strong winds caused by a super typhoon. This was despite the university’s prior effects to maintain the strength of the tree’s roots. The tree was blown away until it hit a nearby fast-food restaurant where a Bar candidate was reviewing for the Bar Examinations. The Bar candidate, who was then the only person dining inside the fast-food restaurant, suffered physical injuries. The super typhoon was enabled by climate change. Can the university be held liable for the physical injuries suffered by the Bar candidate? Explain briefly.
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No, the university cannot be held liable for the physical injuries suffered by the Bar candidate. Under Article 1174 in relation to Article 2191(3) of the Civil Code, no person shall be responsible for events which could not be foreseen, or which,
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Quick check
Under Article 1174 of the Civil Code, what is required for a party to be exempted from liability due to a fortuitous event?
Article 1174 requires that the event be unforeseen or inevitable and that the party be free from concurrent negligence.
Under Article 2191(3) of the Civil Code, when is a proprietor liable for damages caused by falling trees on their land?
Article 2191(3) holds proprietors liable for falling trees unless the fall was caused by force majeure.
How does concurrent human negligence affect the defense of a fortuitous event under Philippine civil law?
Concurrent human negligence precludes the defense of fortuitous event, leaving the negligent party liable.
Why was the university exempted from civil liability for the physical injuries caused by the uprooted tree?
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What is the legal effect of a property owner taking prior measures to maintain the root strength of a tree before a typhoon?
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Learn more about these topics
1. Fortuitous Event Defense
Under Article 1174 of the Civil Code, no person shall be responsible for events which could not be foreseen, or which, though foreseen, were inevitable. To successfully invoke a fortuitous event or force majeure as a defense to exempt a party from liability, the cause of the breach or injury must be independent of human will, the event must be impossible to foresee or impossible to avoid, and the party claiming exemption must be completely free from any concurrent negligence that contributed to the damage.
2. Falling Trees Liability
Under Article 2191, paragraph 3 of the Civil Code, proprietors are responsible for damages caused by the falling of trees growing on their property, unless the fall was caused by force majeure or a fortuitous event. While property owners owe a duty of ordinary care to maintain trees on their land safely, the occurrence of an extraordinary natural disaster, such as a super typhoon with destructive winds, relieves the proprietor of liability when proper maintenance and root care were previously undertaken.
3. Concurrent Negligence Absence
For a fortuitous event to completely extinguish civil liability for damages, the natural event must be the sole and proximate cause of the injury. If human negligence concurs with an act of God in producing the damage, the defense of fortuitous event is unavailable, and the negligent party remains liable. Where a university demonstrates active due diligence by taking prior efforts to maintain tree root health, no concurrent negligence exists, leaving the typhoon as the exclusive proximate cause.