Owner Liability for Falling Object Damage Affirmed Despite Force Majeure Defense

A plaintiff, injured by a falling object while on a private path adjacent to a building undergoing work, sued the owner of the building, arguing the owner was liable under the general principle of liability for damage caused by things under one's custody. The lower court dismissed the claim, finding that the collapse of the object was due to an unforeseeable and irresistible external force, constituting *force majeure*. The high court upheld the dismissal, reasoning that to benefit from the exemption of liability due to *force majeure*, the defendant had to prove that the event was both external and unforeseeable, and the lower court's finding that the collapse resulted from an irresistible event justified the exclusion of liability under the relevant liability statute concerning damage caused by things.