Trees along the national highway were blown down by the wind, causing injuries. Should the highway management department compensate?

One day, when Cai came home from work in Guodao, he happened to be caught in a storm. Most of the trees along the road were dried and rotted by pests, and the wind blew them down at once. He failed to escape being crushed under the trunk, resulting in broken legs and multiple soft tissue contusions. He spent more than 2,000 yuan on medical expenses and still cannot be cured. When he asked the highway management department for compensation, the highway management department refused, on the grounds that the tree was blown down by the wind and it was a natural disaster. Why is this? According to China's civil law, he has every right to claim compensation from the local highway management department according to law.

According to Article 126 of the General Principles of Civil Law, it is pointed out that "the owner or manager of a building or other facilities, as well as the shelving and hanging objects on the building, shall bear civil liability if they collapse or fall off or cause damage to others, except those who can prove that they are not at fault". Article 39 of the Regulations on Highway Management stipulates that "highway facilities include flowers and trees on the highway" belong to the scope of "other facilities" in this law, and the disputes arising therefrom should of course be adjusted by this law.

If the highway management department thinks that compensation should not be made, it must provide exemption evidence. Judging from the actual situation, the expressway management department is at fault. Because although the tree has been folded down, it is obvious. The internal cause of tree falling is drying up and rotting after being damaged by pests, and it is the obligation of highway management departments to prevent and control pests and diseases, eliminate dangerous situations and avoid accidents.

However, if Cai was injured by trees in a city street, and some of his trees were managed by the city garden management department, Cai should make a claim for compensation to the garden management department.