Vietnam - Tree manager must be liable for falling branch death: lawyers

Several lawyers have said the Ho Chi Minh City Tree and Park Company should be held responsible for the death of a local woman, who died after being struck on the head by a falling branch.

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As previously reported, 43-year-old Do Thi Tuyet Hanh perished after being hit by a dead tree branch that fell on her head while she was crossing Dinh Tien Hoang street in Binh Thanh District Wednesday evening.

Tran Thien Ha, the director of the company, said on Thursday that the company has trimmed dried branches from tens of thousands of trees in the city since before the rainy season began.

In May, the company cut branches from many trees on the said street, including the tree involved the heartbreaking death of the woman, Ha said.

In August, the company again cut dead branches, but only on one side of Dinh Tien Hoang, while the side where the accident occurred had not been trimmed.

The company has to depend on the power cut plan of the electricity authorities to be able to maintain trees, Ha explained.

Before this accident many similar incidents had occurred, damaging vehicles or injuring drivers and pedestrians on streets.

Currently, there are many dead trees in the city, including numerous ancient ones on Tran Quang Dieu, Le Hong Phong, and Le Duc Tho which have yet to be handled by the company.

In explaining this situation, Ha said that the de-branching of a tree must follow a process. “When we find dead tree, the company must report it to the relevant urban traffic management zone, and when the zone approves the cutting down of the tree, then the company can do so,” Ha said.

The company has reported the dead trees on the previously mentioned streets to relevant urban traffic management zones, but were simply told to “continue observations,” Ha said.

“Following the deadly incident, we suggest that dangerous dead trees should be handled sooner, and not be essentially subject to a routine procedure, for the sake of people's safety. We will also strengthen inspections to detect such trees,” Ha said.

Compensation

Lawyer Le Dinh Phat, from the HCMC Bar Association, said the Ho Chi Minh City Tree and Park Company should be liable for compensation to the victim’s family, since the company’s duties include taking care of trees and handling dangerous trees to ensure safety.

Meanwhile, other lawyers have said the company could even be treated criminally in this deadly case.

Another lawyer, Nguyen Van Hau, cited Article 626 of the Civil Code as saying that the owner of a tree is responsible for paying damage caused if their tree falls, except in cases where the incident is considered a majeure force case.

Regarding whether criminal treatment will be applied to this case or not, Hau said this will be decided by the police after investigating the cause of the incident.

For the time being, the victim’s family can take legal action against the company for damage, said Phat.

Meanwhile, Ha said his company has sent its representatives to visit Hanh’s family and give initial support to assist the family in taking her body to the last resting place in Dong Thap Province, her native land, yesterday.

The company will continue negotiating with the victim’s family over further support, Ha added.

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