My mother went for a walk in the park and the dead branches fell and broke her head. Who should be responsible for this situation?

According to article 16 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, "If trees are dumped, broken or fruits fall, which causes damage to people, the provisions of Article 126 of the General Principles of Civil Law shall apply, and the owner or manager shall be liable for compensation, unless he can prove that he is not at fault. As the owner or manager of trees, we should carry out daily management of trees to ensure that there are no potential safety hazards. The provisions of this article are about the responsibility of breaking trees and causing damage to others. The principle of imputation in this article is still the principle of presumption of fault. If the owner or manager claims that he is not at fault, he shall prove that he has fulfilled his management obligations, otherwise he shall be liable for damages.

In this case, as tree managers, park tree managers or greening teams or garden bureaus have the obligation to maintain and manage trees. In other words, it depends on who built the park and who is under its jurisdiction. If it is a residential property, of course, the property company is responsible. If it is built by the government in public, the government has the responsibility to check the growth of trees regularly. Of course, parks have the responsibility to evaluate trees and people regularly. If he can prove that he has carried out regular inspection and safety maintenance, that is, the corresponding management obligation, so that the branches still fall, then you don't need to bear the responsibility for the accident that caused your mother to be broken and injured.

However, if the trees are broken due to tree decay or other reasons that can be attributed to the manager or the greening team or the Bureau of Landscape Architecture, or if they cannot prove that they have fulfilled their obligations in managing the gardens, that is, they cannot provide evidence for regular evaluation, regular maintenance or other management responsibilities, then they need to bear the responsibility for the accident. You can find the manager, the greening team, the property owner and the Bureau of Landscape Architecture for compensation.

Generally, branches should not be smashed, and managers will find it difficult to prove it. Therefore, in this process, you should also prove the fact that your mother was hit on the head by a branch in the park or village, as well as the fact that her head was damaged and the supporting documents of relevant expenses. Generally, it is necessary to report to the relevant units well and not be too tough. Only by peaceful settlement can we play hardball. The legal concept on the fourth floor is too shallow, which makes me feel very cold. . .