あなたの家のブロック塀、放置していたら巨額賠償請求も。(ブロック塀問題-5:管理者の責任)

倒壊で被害が出た場合、管理者の責任が問われる

適切な管理を怠っていた結果、倒壊によって怪我をさせたり死亡させてしまった場合、管理責任が問われます。大地震のような自然災害でも責任を問われます。
日本司法支援センター「法テラス」によると、

ブロック塀の設置やその後の修理などが不完全で他人に損害を与えたら、塀の所有者は損害賠償責任を負う。故意や過失がなくても賠償しなければならない。

と書かれています。
これは、「他人に危険を及ぼす可能性が大きい物を所有していれば、重い責任を負う」という考え方に立っているそうで、当たり前と言えば当たり前ですね。
ただ、違法でない建造物であれば一定以上の大きな地震の場合、不可抗力として免責されるケースもあるとのことです。
特に古いブロック塀の場合は、耐用年数を過ぎているとして責任を追求されるケースもありそうです。また、1981年に改正された建築基準法を満たしていない場合、適切な改修工事を行う必要があり、それを行っていない場合は責任を問われる可能性があります。
しかし、責任問題以前に「自宅の建造物によって死者が出ることを避けたい」と思わない人はいないでしょう。

自然災害という不可抗力でも所有者の責任が問われる?

劣化を放置していたなど、管理に著しい不行き届きがあった場合は、とうぜん責任が問われます。
実際、訴訟になった場合は、劣化などの程度が問われるでしょう。
また、震度によっても、それが不可抗力かどうかの判断がわかれます。

賠償請求が行われた事例

2016年4月の熊本地震。
民家のブロック塀が倒壊し、29歳の男性が圧死、57歳の女性が後遺症が残る大怪我をしています。
そのブロック塀は、2メートルの擁壁の上に2.15メートルブロックを積み上げた構造で高さ4メートル以上ありました。
女性と男性の遺族は、ブロック塀所有者に対し過失致死罪と過失致傷罪で刑事告訴、御船警察署が受理し、所有者がブロック塀が倒壊する危険性を認識していたか焦点になっているとのこと。
その後、民事訴訟も起こしていて、ブロック塀に瑕疵があったとして所有者に対し、男性の母親に慰謝料など4184万円、女性は治療関係費など2604万円の支払いを求めています。
2020年6月現在、裁判はまだ継続中です。

損害保険は適用されるか

所有するブロック塀が倒壊し、被害が発生した場合、保険でカバーされるのでしょうか。
まず、火災保険。地震特約を付けていないと、地震による損害は対象外となります。特約を付けていても、対象は物損だけで通行人などに被害が及んだ場合までは補償されないと考えるべきでしょう。

日々のトラブルなど広範囲に対応する、個人賠償責任保険はどうでしょう。
補償される可能性はじゅうぶんにありますが、自然災害は免責だったり、補償額に上限があったり色々ですので、ブロック塀のために加入するのであれば、よく調べる必要があるでしょう。
また、その塀がシロート工事などで強度がじゅうぶんでなかったり、壊れかけていたものを放置していた場合も、保険が降りない可能性が考えられます。

民法717条「土地の工作物等の占有者及び所有者の責任」
「土地の工作物」とは、土地に接して建てられたものを指し、マンションやアパート、塀や擁壁などが含まれる。これらの設置や保存、管理に瑕疵があり、それが原因で他人に損害が生じた時、所有者であるオーナーは損害賠償義務を負う。

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