Killed by a Signboard Dislodged by Strong Winds... Business and Building Owners Also Liable

On the 10th, strong winds swept across the country, resulting in a fatal accident in Uijeongbu, Gyeonggi Province, where a pedestrian was struck and killed by a signboard dislodged by the gusts. How have the courts ruled in cases where signboards have fallen due to strong winds or typhoons, causing casualties?

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Business Owners and Building Owners Cannot Be Fully Exempt from Liability

Even if an accident occurs due to a typhoon or strong winds, business owners or building owners who have installed signboards are not completely exempt from liability. According to Article 758, Paragraph 1 of the Civil Act, if damage is caused to others due to a defect in the installation or maintenance of a structure such as a signboard, the possessor of the structure is liable for compensation. If a tenant installs a signboard on the exterior wall of a building and it falls, injuring a pedestrian, the building owner, as the direct possessor of the exterior wall, is liable for damages under Article 758, Paragraph 1 of the Civil Act (Supreme Court 2002Da65516).

The Supreme Court has stated, "A defect in the installation or maintenance of a structure refers to a state in which the structure lacks the safety that is ordinarily required. The burden of proof regarding the existence of a defect lies with the victim. However, if a defect is acknowledged, even if other natural factors contributed to the occurrence of damage, unless the owner or possessor of the structure proves that the event was due to irresistible force from a natural disaster and would have been unavoidable even without the defect, the damage should be interpreted as having resulted from the defect in the installation or maintenance of the structure." The Court further clarified, "However, if the damage suffered by the victim was caused by both a defect in installation or maintenance and natural forces, the scope of liability should be limited to the portion of the damage not attributable to the contribution of natural forces" (Supreme Court 2004Da66476).

Lower Courts Recognize 30% to 80% Liability

In a 2021 case where strong winds caused a signboard on a building's exterior wall to fall and inflict a 12-week injury on a pedestrian on the sidewalk, the court found the tenant B, who operated a mobile phone store, and the insurance company C, which had entered into a comprehensive liability insurance contract, to be 80% liable. The court stated, "Signboards installed on exterior walls are exposed to the risk of natural forces, and company B is obligated to check their safety and take protective measures to prevent damage." While the court found that the weather conditions on the day of the accident were not unforeseeable, it considered the weather, the degree of natural force contribution, and other factors to assign 80% of the liability for damages to the parties (Seoul Central District Court 2022Gadan5102171).

The same legal principles apply in subrogation lawsuits filed by insurance companies against building owners or possessors in cases where vehicles are damaged by falling signboards during typhoons. In a 2018 case where Typhoon Kong-rey caused a building signboard to fall and damage a parked vehicle, the court found that the building had a defect in safety. The court reasoned that the information obtained from the Korea Meteorological Administration and other sources was insufficient to conclude that the accident would have occurred due to an irresistible natural disaster even if the building had no defect. However, considering the significant damage caused by Kong-rey in Samcheok and the typhoon's impact on the accident, the court limited the building owner's liability to 50% (Seoul Central District Court 2018Gaso3257911).

In a 2020 case where a laundromat signboard fell due to Typhoon Maysak, the court stated, "The wind speed and scale of the typhoon at the time cannot be considered entirely unforeseeable," acknowledging the defect in safety. However, taking into account the combined effect of the strong winds from the typhoon and the defect in installation or maintenance, the court limited the laundromat owner's liability to 30% (Seoul Central District Court 2022Na21353).

In a similar case caused by Typhoon Chaba in 2016, the court noted, "Chaba brought maximum instantaneous winds of 56.5 m/s to Ulsan, causing significant damage, and the typhoon also influenced the accident," and limited the building owner's liability to 50% (Seoul Central District Court 2017Na66109).

Park Suyeon, The Law Times Reporter

※This article is based on content supplied by Law Times.