"Skyfall" artist knife hit the women's lawyer: can sue the entire resident
Author:Huizhou TV Station Time:2022.06.20
Recently, the citizen Ms. Xiong reported that in April this year, she was hit by a beautiful worker knife "from the sky" in front of a stall door in Dongping Yijing Garden. After a lapse of two months, she hopes to make people who can be high -altitude.
Miss Xiong said that at more than 5 pm that day, she came to a milk tea shop in Dongping Yijing Garden in the urban area. She just sat down in the open -air seat, and a beautiful worker knife fell from the sky and hit her head.
Ms. Xiong: "At that time, I hit my head, and there was no bleeding, but I swollen, swollen a bag, and started to hurt when I slowed down. Then I went to the hospital and called the police."
After spending more than 1,000 yuan for the day, the doctor judged that Miss Xiong was not a big deal, but she still felt dizzy from time to time. The reporter saw at the scene that there were eight floors above the incident, and the balcony was open. According to the photos provided by Miss Xiong, the pink art knife is about 20 cm long and about 5 cm wide. Because there was no special monitoring in the incident, it was impossible to determine which households were thrown out from which household knife. During the reporter's interview, a paper ball was thrown from upstairs, and the owner nearby also reported that the high -altitude parabolic still occurred from time to time.
Miss Chen, the owner of the nearby stall: "The banana skin and garbage were thrown here. She called the police that time, so I was more impressed."
Later, the reporter found the Yijing Garden Property Management Office. Manager Wang said that the police came to obtain evidence on the day of the incident. Afterwards, the property posted a statement in the lobby, reminding the owner not to parabore at high altitude.
In this regard, lawyers said that the common high -altitude parabolic is not only an uncivilized behavior, but also illegal acts. my country's "Civil Code" explicitly stipulates that high -altitude parabolic behaviors are prohibited and clarified that high -altitude parabolic behavior causes damage to others. First, it should be liable for compensation by direct actors. At the same time, the Civil Code also stipulates that the possibility of harm should be responsible. In other words, if a direct infringer cannot be found, residents within the possible existence of parabolic prosecution can be sued to court and asked these residents to compensate.
He Hongde, director of Guangdong Honghao Law Firm: "In addition to the victims, in addition to requesting direct infringeers, might be possible to bear responsibility, buildings such as property service companies have not taken necessary safety guarantee measures to prevent the buildings from throwing items and falling items to fall items. For the infringement liability for the consequences of damage in accordance with the law, the liability for infringement has not fulfilled the obligations of security guarantee. "
On December 26, 2020, the 24th meeting of the Standing Committee of the 13th National People's Congress passed the amendment to the criminal law: increase the high -altitude parabolic and robb the bus steering wheel crimes. It is clear that if you are throwing items from buildings or other high altitudes, the circumstances are severe, and sentences will be sentenced to less than one year in prison, detention or control, and shall be punished or single.
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