Warnings prohibiting throwing objects from high altitudes

The phenomenon of high-altitude paraboloids was once called "the pain hanging over the city." In the civilized community creation system, the elimination of high-altitude parabolic objects has been included as a rigid standard.

An egg dropped from the 8th floor can break someone's scalp; an iron nail dropped from 18th floor may be inserted into the brain of a pedestrian; even a piece of watermelon rind dropped from the 25th floor may cause damage. Make people abandon their lives on the spot.

Here, we appeal: For the safety of your life and property and the safety of others, please show mercy.

Legal provisions

The "Tort Liability Law" clarifies the sharing of liability for high-altitude parabolic objects

The behavior of high-altitude parabolic objects has always attracted much attention. Since there is no specific legal restriction, this Such incidents are common and repeated, and the results of dealing with such incidents are also different.

On December 26, 2009, the "Tort Liability Law of the People's Republic of China" was voted and approved by the Standing Committee of the National People's Congress, which decided to implement relevant regulations from July 1, 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, unless it can be proved that he is not the infringer, the building that may cause harm shall be used by the user. People are compensated.

According to this regulation, if a neighbor in the same building throws an object at high altitude outside and hits pedestrians or vehicles, if it is not possible to find out who caused the damage, in order to protect the victim, the only option is to let the Residents who may cause damage must bear the liability for compensation.

On the one hand, this provision protects the rights of the victims, but on the other hand, it also implicates innocent people. However, if it is determined that none of the residents is responsible, then tens of thousands of dollars in medical expenses and disability subsidies will all fall on the victim, and he will suffer great physical, mental and financial harm. If these residents were held accountable, each of them would have to pay several thousand dollars. In other words, using small unfairness to avoid big unfairness should be the original legislative intention of this article in the Tort Liability Law.

Other provisions

Liability for damage caused by thrown objects and falling objects from high-rise buildings

Throwing objects and falling objects from high-rise buildings causing damage refer to objects thrown from buildings Or objects falling from a building cause damage to others, and it is difficult to determine the infringement behavior of the specific infringer.

1. Characteristics of Liability for Damage Caused by Throwing and Falling Objects from High-rise Buildings

1. Damage caused by objects thrown and falling from high-rise buildings: Throwing objects from a building causes damage to others Damage; objects falling from a building causing damage to others.

2. The object was thrown or fell from a tall building and caused damage to others.

3. It is difficult to determine the specific infringer.

4. Particularity in principle: the principle of fair liability is mainly adopted, and the principle of presumption of fault liability is adopted in exceptional circumstances.

2. Principles of liability for damage caused by objects thrown or falling from high buildings

Compensation liability (compensation for mental damage is generally not applicable).

3. The person responsible for the damage caused by objects thrown or falling from high-rise buildings

The user of the building who may cause harm (the presumed injurer).

1. The responsible party is the user of the building: it refers to the actual user of the building when the infringement occurs (building owner, lessee, borrower, other person using the building) ;

2. The responsible subject is the building user who may cause harm;

3. The responsible subject is the building user who cannot provide evidence to rule out that he is the infringer.

4. Reasons for exemption from liability for damage caused by objects thrown or falling from high-rise buildings

1. Being able to prove that one is not the injurer is exempt from liability;

2. Being able to determine If there is a specific infringer, others will be exempted from liability.

In a case of damage caused by throwing objects, the party who may be the injurer needs to prove the following matters to be exempted from liability:

① When the damage occurred, he was not in the building; < /p>

② Prove that you do not possess the object that caused the damage at all;

③ Prove that your position does not objectively have the possibility of causing damage to others by throwing objects.

1. We must fully understand the dangers of throwing objects from high altitudes and the possible legal liability of the perpetrators, develop civilized living habits, and put an end to throwing objects from high altitudes.

2. Please put domestic garbage into bags and place it in the trash can downstairs.

3. Please pay attention to precepts and deeds, use exemplary behavior to educate your children to be civilized people from an early age, perform civilized behaviors, and educate your children not to throw debris downstairs.

4. Throwing objects at height is related to the personal safety of all owners. Everyone has the obligation to supervise the behavior of throwing objects at height. Please supervise and remind each other.

5. Please do not place flower pots, mops and other debris and hanging objects on the outer edge of the window sill to avoid accidents such as falling objects from height.

Creating a peaceful and harmonious community environment is the basic responsibility of every owner and resident. Please cherish life, prohibit throwing objects at high altitudes, and jointly create a warm and safe living environment.