According to existing legal provisions, throwing objects at high altitudes that cause personal or property damage is a civil tort and one should bear tort liability in accordance with the law.
Article 85 of the Tort Liability Law: If a building, structure or other facility and its resting and hanging objects fall off and cause damage to others, the owner, manager or user cannot prove that he or she is not at fault. , shall bear infringement liability. After compensation is made, the owner, manager or user, if there are other responsible persons, has the right to recover compensation from other responsible persons.
To put it simply, the tortfeasor should be liable for the victim’s losses, which is understandable to most people.
Zhang Qiang, a lawyer at Guangdong Guo Hui Law Firm, said: We cannot generalize. If we analyze this case in detail, the perpetrator may be sentenced to death.
Based on the subjective attitude (deliberate, knowing but laissez-faire, negligence, overconfidence, etc.) when the actor throws objects at high altitude, his behavior may be suspected of intentional homicide, intentional injury, negligence causing serious injury, Crimes of negligence causing death, crimes of endangering public safety by dangerous methods, etc.
Hazards and understanding of high-altitude throwing objects
High-altitude parabolic throwing is a very uncivilized behavior and will bring great social harm.
1. Especially in high-rise residential areas, it will also cause many safety hazards and pose a great threat to the personal and property safety of others.
2. The phenomenon of high-altitude paraboloids seriously affects the living environment and even life safety of residents.
3. The serious consequences of personal injury and significant economic losses caused by high-altitude throwing objects, as well as the subjective malice of high-altitude throwing objects, may involve crimes and criminal liability.
4. Throwing objects from high altitudes will damage public health.
Warm reminder: Please do not place flower pots, mops and other items and hanging objects on the outer edges of balconies and windows to avoid accidents such as falling objects from high altitudes.
How to prevent objects thrown at high altitude;
1. Keeping the community clean and tidy can reduce the number of people littering.
2. Vigorously publicize the public * * * part, and at the same time urge residents to supervise each other. If necessary, each household can invest in promotional materials.
3. Once discovered, those who refuse to correct their mistakes will be severely punished, such as exposure, self-expulsion, etc.
4. Strengthen the education of children.
5. Monitor when necessary.
Legal Liability for Throwing Objects from High Altitude
The Tort Liability Law clarifies that the behavior of throwing objects from high altitude has always attracted much attention. Since there are no specific legal restrictions, such incidents are common and prohibited, and the results of dealing with such incidents are also different.
On February 26, 2009, the Standing Committee of the National People's Congress passed the Tort Liability Law of the People's Republic of China and decided that the relevant laws and regulations will come into effect on July 26, 2010. Among them, Article 87: If objects thrown from a building or objects falling from a building cause damage to others and it is difficult to identify the specific infringer, the user of the building who may have caused the damage shall pay compensation, unless he can prove that he is not the infringer.
Under this law, neighbors in the same building throw objects at pedestrians or vehicles outside. If it is not found out who caused the damage, in order to protect the victims, only the residents who may have caused the damage can be held liable.
On the one hand, this provision protects the rights of the victims, but on the other hand, it also implicates innocent people. But if it is determined that the resident is not responsible, then tens of thousands of dollars in medical expenses and disability subsidies will all fall on the victim, and his body, mind, and economy will be greatly harmed. If these residents were held accountable, each of them would bear several thousand dollars. In other words, it should be the original legislative intention of the Tort Liability Law to avoid big unfairness at the expense of small things.
According to the National Property Law and other regulations, throwing objects from high altitude is illegal. If you encounter this situation, you should first report it to the property management company where the community is located. If an object is thrown from high altitude and causes property or personal injury, the property management company is not without any responsibility, but it must bear certain liability for compensation under certain conditions.
Because the property management company has the responsibility to manage public order in the community or maintain regional order. Throwing objects from high altitudes is an act that disrupts public order and endangers public safety. It should be part of the property management company's responsibility to try to stop them. According to laws and regulations, if a property service company fails to perform the stipulations in the property service contract and causes damage to the owner's personal or property safety, it shall bear corresponding legal liability in accordance with the law!
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