✔ 最佳答案
This question relates to "Negligence", which connotes the complex concept of duty, breach and damage thereby suffered by the person to whom the duty was owing.
A plaintiff who alleges negligence must prove:
(a) that the defendant (the said Gov't Dept) owed the plaintiff (the said victim) a legal duty of care;
(b) that the defendant broke his legal duty of care;
(c) that the plaintiff (the said victim) suffered damage in consequence of the breach. The damage must not be too remote.
If that fallen tree had periodically checked and recently been under critical examination by professional bodies with care and was certified "acceptable and safe" to the public, I think that Gov't Department should be free from any fault for the rooting system (and decays) laid under the ground could not have been seen, (this incident is merely regarded as an act of GOD) but if that checking was done perfunctorily and not up to the specified stardard and that , the said Gov't department has forseen that the tree in question is not safe and may hurt the passers-by and devoid of taking any preventive measures or remedial action, the fallen tree that subsequently took the life of the victim, that Gov't Department, as in this case, should give reparation to the sufferer.