If conditions are such that the pilot is operating on instrument flight rules and the pilot receives instructions for for an approach hold pattern from ATC that is at a lower altitude than defined in the approach chart and the pilot follows them and has a collision with rising terrain what culpability does the ATC have?

__________________
MBlovr
'59 180 Dad's original
'59 180 Dad's 2nd one
'67 250SE Dad's last one
'59 220 SE My first one
'62 220SE Coupe second one
'89 190E 2.6 5spd third one
'06 E350 4matic (sold)
'10 E350 4matic