Demonstration of case | Glass from the sky to hit the vehicle court judgment ...

Recently, the Qilihe District Court of Lanzhou concluded a dispute over a high -altitude falling damage liability.

In December 2018, Wang's car was parked at the door D of Building 1, Building 1 in the community. The parking location was not in the parking space of the vehicle designated by the community. The roof and hood of the car are damaged. After the incident, after the maintenance company was maintained, the maintenance cost was more than 58,000 yuan. The plaintiff Wang asked the defendant Zhang to pay the vehicle repair fee. The defendant refused to pay. The plaintiff would be told to Qilihe District Court.

The court believes that buildings, structures, or other facilities and their shelves, suspended objects fall off, fall, and cause damage to others. All people, managers or users cannot prove that they have no fault and shall bear the liability for infringement. The windows in the house where the defendant Zhang had fell, which caused the plaintiff's vehicle to be damaged. As the user of the house, Zhang should bear the liability of infringement; however, when the plaintiff Wang was parking in the community, he did not park the vehicle in the community and delineated in the community. In the parking space of the vehicle, there are faults, and some losses shall bear some losses. The losses of the plaintiff in this case shall bear 50%of the fault liability for each of the plaintiffs.

Judge

The high -altitude parabolic and pendant are called "pain hanging over the city". The problem of responsibility identification and damage compensation is a challenge that the people's court's trial work needs to face. The liability for civil infringement is divided into fault liability, the responsibility of prefatisfaction with fault, and no error liability. According to the provisions of Article 1,20053 of the Civil Code, the principle of fault and settlement of the damage of building objects falls is adopted. The liability for proof, shall be responsible for the proof of the same person, the manager or the user who has no fault, otherwise it shall bear the liability for infringement. Based on the fault of both the defendant, the case was divided into the responsibilities of both parties. It was a warning significance for urging the building of the buildings to strengthen the safety management of the building and actively eliminating hidden safety hazards.

Law link

The relevant provisions of the "People's Republic of China" on the responsibility of the damage of the high -altitude fall

Article 1,65 If an actor damage the civil rights and interests of others due to fault, he shall bear the liability for infringement. It should be preserved in accordance with the law that the perpetrator is faulty, and if he cannot prove that he has no fault, he shall bear the liability for infringement.

Article 1,172 The infringement behavior of the two or more causes the same damage. If it can determine the size of the liability, it shall bear the corresponding responsibilities; it is difficult to determine the size of the liability, and the average responsibility shall be assumed.

Article 1,253 The buildings, structures or other facilities and other facilities and their shelves, suspended objects fall off, falls, causing damage to others. Essence After everyone, manager or user compensation, those who have other responsible persons have the right to recover from other responsible persons.

Kind tips

In recent years, high -altitude parabolic and falling incidents have continued to occur, seriously endangering public safety and infringing on the legitimate rights and interests of the people. Although the accidents of high -altitude pendants are very large, it is not "invincible." High -altitude pendants mainly come from building doors and windows, curtain wall glass, billboards, light boxes, etc., as well as discarded objects, balcony plants of high -rise residents. On the one hand, if each owner, especially the high -level owners, can keep the alarm in their hearts, improve their own quality, do not throw debris outside the window, and regularly check their windows, balcony shelves, suspension, etc. Undaled; on the other hand, the community property should also be fully responsible, regular inspections of hidden dangers of high -rise buildings, and timely restoration of problems, it should be able to greatly reduce the probability of the tragedy of pedestrian tragedies in the tragedy of pedestrians.

Source: Qilihe District Court

Editor: Ji Xueyong Ma Jianwei Editor: Li Rui

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