Text of the provision
Art. 2191. Proprietors shall also be responsible for damages caused:
(1) By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place;
(2) By excessive smoke, which may be harmful to persons or property;
(3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure;
(4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place.
(1908)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Proprietors are also responsible for damages caused by the explosion of machinery not cared for and repaired, excessive smoke that is noxious, falling trees in a dangerous position, and emanations from sewers or deposits of infectious matter built without precautions.
Questions about this provision
- A poorly maintained machine exploded next door and wrecked my property — who answers for it?
- A tree beside the road fell on my car — can I recover from the owner of the land it stood on?
- The shop next door pumps out smoke that is damaging my house — can I claim damages for it?
- Waste is seeping onto my lot from my neighbour's badly built septic tank — do I have a claim?
Related provisions
- Article 2190 — Liability for a Collapsing Building.
- Article 2192 — When the Engineer or Architect Answers.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.