Why are high-altitude paraboloids so common?

The phenomenon of high-altitude paraboloids was once called "the pain hanging over the city". It is not only uncivilized, but also brings huge safety risks.

Enshi Evening News reporter visited and found that in most communities in Zhoucheng, the phenomenon of high-altitude parabolic objects has improved to some extent compared with before, but it still occurs from time to time.

Please click to enter the picture description

A warning slogan hanging in a community in Zhoucheng.

Property: Many measures have been taken, and there have been improvements, but things still happen from time to time

Manager Cui of Shinan Ancient City National Garden Property told the Enshi Evening News reporter that compared with before, the community High-altitude parabolic phenomena have been significantly reduced.

On the one hand, the quality of most property owners is getting better and better, and they understand the dangers of throwing objects from high altitudes; on the other hand, the property management industry has invested more energy in persuading property owners.

“Before, there were high-altitude parachutes in the community, and we went door-to-door to explain the dangers of high-altitude parachutes. Gradually, the number of high-altitude parachutes in the community became less frequent.” Manager Cui said that in the first half of this year, Some owners reported that hot water was poured on the building and garbage bags were thrown. The property management staff called door to door to investigate and found that an old man was responsible. The staff contacted the old man's family and informed them of the hazards of high-altitude objects. Through coordination, the old man's family installed King Kong mesh windows.

"In March this year, someone reported that there was falling sand upstairs. Our investigation found that the decoration workers were careless. We explained the dangers of throwing objects at high altitudes to the new owners and decoration workers. After the ban, similar situations happened again. "Manager Cui said that there are notices prohibiting high-altitude throwing objects downstairs and next to the elevators of each unit in the community. There are also warning signs about high-altitude throwing objects in the public areas. The property company also provides training to the staff from time to time. Relevant knowledge.

“What is gratifying is that among the owner groups, some owners and property owners work together to publicize the dangers of throwing objects from high altitudes.” Manager Cui said with a smile.

“Throwing objects at high altitudes is prohibited, and our property management department has taken many measures to remind residents.” Manager Tian of Phoenix City Community told the reporter of Enshi Evening News that the property management team reminded the owners by visiting doors, setting up signboards, and hanging banners. Put an end to the behavior of high-altitude parabolic objects. Compared with usual, the phenomenon of high-altitude parabolic objects is indeed much better, but there are still some owners who do not realize the serious harm of high-altitude parabolic objects.

Manager Li, who has worked at Fuxing City Real Estate for two years, said that there are notices strictly prohibiting high-altitude throwing objects on the downstairs of each unit in the community, and the prohibition of high-altitude throwing objects is also promoted in the WeChat group of the owners. Previously, a child threw an apple from upstairs. After an investigation by the property management staff, the staff came to educate the child and received support and understanding from the child's parents. "Our property company is going to apply to the owners to purchase overhead cameras to monitor the behavior of high-altitude parabolic objects."

Owner: Worried about installing surveillance cameras by yourself

Auntie the cleaner of Shinan Ancient City Ethnic Garden Said: "In recent years, the number of high-altitude objects thrown in the community has decreased, but garbage such as cigarette butts and paper towels still sometimes appear in the grass. To put an end to high-altitude throwing of objects, owners and property owners need to work together, especially to improve the overall quality of the owners."< /p>

The person in charge of the property management of Phoenix City Community told the reporter of Enshi Evening News that the phenomenon of thrown objects at high altitude is more serious in residential buildings near the street. There are often things falling from upstairs on the awning of the convenience store downstairs, mostly garbage bags. . Although the property management staff discouraged some residents, some owners still went their own way. The staff refused to admit it when they went to investigate, so they had to send someone to clean it. To put an end to throwing objects from high altitudes, everyone needs to work together.

During the visit, there were also many residents with strong safety awareness. Grandma Nie, who lives in Fuxingcheng Community in Zhoucheng, said: "Look upstairs, there are many flowerpots sticking out of the windows of residents, which are supported by aluminum alloy. They will rust over time. I hope the property management company will pay attention to these phenomena. , remind relevant residents.”

On June 29, citizen Lu Jun inspected the surveillance camera outside his balcony. In the community where Lu Jun lives, high-altitude parabolic phenomena occur from time to time. In order to avoid joint liability for the infringement of high-altitude objects, he installed surveillance cameras on his balcony, bedroom, etc. "I have installed cameras in all the open areas of my home, and I shoot at the balcony, windows and other areas of my home. High-altitude paraboloids occur from time to time in the community. It is best not to hurt people. If it does happen, I can monitor it. Proving that the object was not thrown at high altitude in your own home can avoid joint and several liability for the infringement of high-altitude throwing object.

”

Enshi Evening News reporter found that most communities in Zhoucheng have not installed cameras to monitor high-altitude parachutes. Some property company leaders said that it is difficult to install cameras, on the one hand, there are financial issues, and on the other hand, the owners have inconsistent views. , requires the consent of two-thirds of the residents in the community

Lawyer: There are four elements for the tort of throwing objects from high altitudes

In recent years, with the number of deaths and injuries caused by high-altitude throwing objects, Incidents of property damage have gradually increased, and this issue has attracted more and more attention. The resulting legal lawsuits have made people realize that the original moral issues are slowly becoming the content of legal rights protection.

Yesterday, A reporter from Enshi Evening News interviewed Zhang Hua, a lawyer at Hubei Zhenbang Huaguang Law Firm.

Zhang Hua believes that injuries or even deaths caused by objects thrown from high altitudes are not accidental, but are common and repeated, and are called Although everyone has heard of incidents of injuries caused by objects thrown from high altitudes, many people do not pay attention to them and just throw them away for the sake of convenience. Regardless of their location and height, the objects they throw will have an impact on others. Many people think that the objects they throw out of the window or balcony are light and will not hurt anyone. But this is not the case. According to physical principles, no matter how light the object is, as long as the height is high enough, the impact cannot be underestimated.

“The infringement of objects dropped from high altitude refers to the infringement of objects dropped from high altitude. Behavior that causes personal or property damage to others. "Zhang Hua introduced that the tort of throwing objects from high altitudes consists of four elements: injurious behavior, damage consequences, causal relationships and liability principles.

The injurious behavior of throwing objects from high altitudes refers to the perpetrator throwing objects from high altitudes The act of causing damage to others by objects. If the specific person who throws the object can be identified, it will be regulated as a general tort. The perpetrator of the tort of throwing objects from high altitudes is generally unable to be identified among a certain range of people. After the infringement, no one takes the initiative to bear the consequences of the act. Based on various policy considerations, the law can only presume that everyone within a certain range is the perpetrator. At this point, the behavior of throwing objects from high altitude is the same as dangerous behavior. Differences arise. In the case of high-altitude throwing, only one person performed the throwing behavior, but the person could not be identified from a certain range. In the case of the same dangerous behavior, multiple people performed the dangerous behavior. It is not clear which dangerous behavior caused the damage. Therefore, throwing objects from high altitudes belongs to the presumption of conduct; *** Related to this, one of the grounds for exemption from liability for throwing objects from high altitudes is to overturn the presumption of conduct;* **One of the reasons for exemption from hazard liability is mainly to overturn the presumption of causation.

The consequences of damage refer to the sudden nature of the damage to the victim's personal or property losses caused by the objects thrown from high altitudes. , severity and other characteristics. The damage consequences caused by high-altitude objects include both personal injury and property damage. When a high-altitude object occurs, the victim is generally unable to prevent it and cannot take any effective avoidance measures. Often very serious, such behavior is also extremely harmful to society.

Causation refers to the causal relationship in the sense of establishing liability, that is, the victim's damage is caused by the behavior of throwing objects from high altitudes. Zhang Hua believes that there are several points that need to be explained here:

First, there is often more evidence to prove the causal relationship between the damage caused by high-altitude parabolic objects. Therefore, the relationship between the victim’s losses and the behavior of high-altitude parabolic objects There is generally no dispute over the determination of causation.

Secondly, starting from the causal relationship, some people can also be exempted from liability. Take the injury caused by objects thrown by high-rise buildings as an example. Even if it is presumed that all the residents in the building have carried out the throwing behavior, based on common sense, the damage cannot be caused by the residents on the first floor. Therefore, the residents on the lower floors, including the first floor, are not responsible for the damage. Exemption from liability can be achieved through proof of causation. The reasons for exemption from liability for throwing objects from high altitudes should also include those related to causation.

Since my country’s current law does not provide for the tort of throwing objects from heights, in terms of legislation, The infringement of high-altitude throwing objects should adopt the principle of attribution of result liability.

Since the victim cannot do anything about the damage, cannot prevent or avoid it, and at the same time, there is no moral hazard for the victim. Therefore, as long as the thrown object causes damage to others, tort liability should be established.