Injured by falling objects during a typhoon—who’s responsible for compensation?

颱風 賠償 汽車 損害 受傷 律師 國賠

During typhoon season, strong winds can knock down trees and send signboards flying, potentially injuring unsuspecting pedestrians or damaging vehicles parked along the street. In such cases, many people may ask: “Is this just a natural disaster? Can I seek compensation?”
In fact, unless it’s purely a case of force majeure, businesses or property owners are often legally liable. This article will give you a quick overview: if you're unfortunately hit by a signboard, tile, or tree during a typhoon, who can you hold accountable—and how do you claim compensation?


Q1: If I'm injured by a falling sign during a typhoon, is it considered a natural disaster, making compensation impossible to claim?


Many people assume that since a typhoon is an irresistible natural disaster, being hit by a fallen sign is simply bad luck. However, this assumption isn’t entirely correct. Legally, there is a clear distinction between “force majeure” and “negligence.” Whether you can claim compensation depends on whether the incident resulted from human error or a lack of proper management. Therefore, even if the accident occurs during an official typhoon warning, it cannot automatically be excused as an "unavoidable" act of nature.For example, if a sign was already loose due to rust or worn-out screws and wasn't repaired in time, and it was then blown down by the typhoon, the incident would be attributed to negligence rather than an act of God. On the other hand, if the sign was made of durable materials, complied with building regulations, and was regularly inspected and properly maintained, but still got blown off by exceptionally strong winds, then it would be considered force majeure, with no one at fault and no compensation required.


Q2: If I get injured, who should I claim compensation from?


According to Article 184 of the Civil Code, anyone who intentionally or negligently infringes upon the rights of others is liable for damages. Furthermore, Article 191 stipulates that if a building or other structure (such as a sign, exterior tile, or awning) causes harm due to improper installation or maintenance, the owner of that structure is responsible for compensation.

In most cases, signs are installed by businesses, and the business owner or operator is considered the “owner of the structure.” Even if the sign was installed by an outsourced contractor, the business is still responsible for its installation and upkeep. Therefore, if someone is injured by a falling sign, they can seek compensation from the business or the person in charge.

If the sign fell due to the negligence of an employee or maintenance worker, the business may, after compensating the victim, seek reimbursement from the responsible individual. However, that’s an internal matter—victims need only file a claim against the owner of the sign.


Q3: If I'm injured by a sign from a chain store, should I sue the local branch or the head office?


Some court rulings have held that, since the average person cannot tell whether a branch is directly operated or franchised, and because the head office authorizes or allows its brand to appear on the branch’s signage, it must bear a duty of trust to the public. Therefore, if a sign at a branch store falls and causes injury, the head office and branch can be held jointly liable for damages under Article 188 of the Civil Code. In such cases, the victim can file a claim against either the head office or the branch, and the court should recognize the claim.


Q4: If I'm injured by falling tiles from a building, who is responsible for compensation?


According to the Civil Code and the Condominium Administration Act, structures such as exterior walls, rooftops, stairwells, and pipelines are considered common property jointly owned by all residents of a building. Therefore, if a tile falls and injures someone, the law presumes that all co-owners share maintenance responsibility, regardless of which floor the tile came from. Under Article 191 of the Civil Code, all co-owners (i.e., all residents) are liable for damages.

Many residential buildings have a management committee responsible for maintaining common areas. In such cases, the injured party can choose to seek compensation from the building's management committee.


Q5: Under what circumstances can I claim state compensation?


If you are injured by a fallen street tree or streetlamp—objects not owned privately—who is responsible? This brings up the issue of state compensation. According to Article 3, Paragraph 1 of the State Compensation Act, if the damage is caused by improper installation or maintenance of a public facility, the government must pay compensation.

For instance, if a street tree hasn't been pruned for a long time, resulting in imbalance, or if it shows signs of decay from pests and no preventive measures are taken before a typhoon, this could be deemed "poor maintenance." In such cases, you can legally seek compensation from the responsible government authority (e.g., city or county government).


Not all typhoon-related damage is a natural disaster—knowing your legal rights helps protect you!


Typhoon conditions can change rapidly, and accidents caused by falling signs, tiles, or trees are common. However, not all typhoon-related damage is an unavoidable act of nature. If the owner, managing party, or relevant government agency failed in their duty to install or maintain facilities properly, victims have the right to claim compensation under the law. Businesses and building managers should conduct thorough inspections and take precautions before a typhoon. As for the general public, if an accident happens, don’t silently accept the loss—stand up for your rights and seek the compensation you deserve.


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