Presumption of fault for high-altitude parabolic objects or no fault

This should be judged based on the specific situation. The principles applicable to the handling of high-altitude parabolic objects include the principle of presumption of fault and the principle of no-fault liability. The plaintiff can presume the person responsible for the parabolic object. If the responsible person cannot prove that he is not at fault, he must bear the corresponding liability.

1. What to do if a child hits someone by throwing an object from high altitude

The person responsible for throwing an object from high altitude is determined according to the following rules:

1. The building when the infringement occurs The actual users

The actual users mainly include building owners, lessees, borrowers, and other people who use the building.

In addition, this is mainly used when the building falls off, etc., the victim can use this method to identify the perpetrator.

2. The person who performs the act of throwing objects at high altitudes

That is, whoever commits the act of throwing objects at high altitudes needs to bear corresponding responsibilities. Therefore, if it is now determined that a child has committed an act of throwing objects from high altitude and caused damage to people on the ground, then the child needs to bear the liability for loss compensation. However, if the child is a person with limited capacity for civil conduct, his guardian will bear the responsibility.

2. The tort liability to which the presumption of fault rule should apply is as follows:

1. Tort liability for damage caused by persons without civil capacity in kindergartens, schools or other educational institutions; 2. In the case of high-risk liability, the tort liability borne by the owner and manager of damage caused by illegal possession of highly dangerous objects;

3. The tort liability borne by the zoo in the case of damage caused by raising animals;

4. When objects are damaged, buildings, structures or other facilities and their resting and hanging objects fall off. 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 user of the building who may have caused the harm shall be compensated.

Legal Basis

Article 1254 of the "People's Republic of China and Civil Code" It is prohibited to throw objects from buildings. If objects are thrown from a building or objects fall from a building and cause damage to others, the infringer shall bear the tort liability in accordance with the law; if it is difficult to determine the specific infringer after investigation, unless he can prove that he is not the infringer, the infringer shall be responsible for the infringement. Building users are compensated. After the building users who may cause harm have compensated, they have the right to recover compensation from the infringer. Building managers such as property service companies shall take necessary safety guarantee measures to prevent the occurrence of the situations specified in the preceding paragraph; if they fail to take necessary safety guarantee measures, they shall bear tort liability for failure to perform safety guarantee obligations in accordance with the law. If the situation stipulated in paragraph 1 of this article occurs, the public security and other organs shall promptly investigate in accordance with the law and identify the person responsible.