Demonstrate in the case | Who should be responsible for the high -altitude fall?

Recently, the Court of Jinchuan District, Jinchang City, tried the liability for the damage liability of object damage on the building.

Introduction to the case

The plaintiff Yan and the defendant Wang were in the same community residents. One day in December 2021, Yan's vehicle was parked downstairs, and Wang's sauerkraut bucket placed outside the vascular fell, causing Yan's vehicle to be damaged. The two sides controversial the accident responsibility and caused a lawsuit.

Referee result

The undertaking judge conducted a detailed interpretation of the relevant laws and regulations of high -altitude fall infringement, and popularized the harm of high -altitude pendants and the legal consequences that should be assumed. After the interpretation of the question, Yan and Wang reached a mediation agreement and performed in court.

Judge

Article 1,253 of the "People's Republic of China":

Buildings, structures or other facilities and their shelves, suspended objects fall off, falling, causing damage to others. All people, managers or users cannot prove that they have no fault and shall bear the infringement liability. After everyone, manager or user compensation, those who have other responsible persons have the right to recover from other responsible persons.

Article 1,254 of the "People's Republic of China": Article 1,54:

It is forbidden to throw items from buildings. Throwing items from the building or the items that fall from the building cause damage to others, the infringer shall bear the liability for infringement according to law; if it is difficult to determine the specific infringer after investigation Building users give compensation. After compensation for users who may be harmed, they have the right to recover from the infringer.

Building managers such as property service enterprises shall take the necessary safety guarantee measures to prevent the situation specified in the preceding paragraph; if the necessary safety guarantee measures shall be taken, they shall bear the infringement liability for infringement that fails to fulfill the obligations of security protection in accordance with the law.

If the situation stipulated in the first paragraph of this article, public security and other organs shall investigate in a timely manner in accordance with the law to find out the responsible person.

Significance

In recent years, the vicious incidents of high -altitude parabolic and falling injuries are frequent. The "threat on the top of the head" does not only originate from the uncivilized "throwing it." A billboard built in violation of regulations, one side of the exterior wall that is neglected to maintain, and even a loose glass, each seemingly unrelated "unintentional loss" may cause tragedy. The Supreme People's Court issued the "Opinions on Properly Trial High -Altitude Polish and Falling Cases in accordance with the law" and several "fines" issued by the court, which reflects the improvement of the national judicial postponement of the punishment mechanism. Be alert to the harm of high -altitude falls.

However, the pre -prevention mechanism and comprehensive policies of all sectors of society are also worthy of attention. Relevant departments must enforce the law strictly in accordance with the law, so that illegal and illegal acts are sanctioned by law; residential communities must set up high -altitude throwing physical signs and reminders. Buildings that occur on high -rise parabolic pendants should be checked regularly, and the protection network is installed on the low -rise floor. , Covering measures and other measures; it is necessary to strengthen the publicity and guidance of the harm of high -altitude parabolic pendants to improve people's level of safety awareness.

Kind tips

Each citizen must consciously enhance the concept of public morality and the rule of law, starting from himself, and refusing to parabore at high altitude. Only by allowing the whole society to form a civilized habit and the consensus of the rule of law that rejects high -altitude parabolic pendants, can we build a strong barrier to protect the "safety on the top of the head" and protect the safety of the people's personal property.

Source: Jinchang Middle School

Editor: Ji Xueyong Ma Jianwei Editor: He Yuxin

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