In a neighborhood in Changchun, an ice skate fell off and killed a 30-year-old man passing by. How to divide the blame?

Let’s first take a look at the specific circumstances of the incident:

Let me talk about some of my views:

According to Article 1 of my country’s Tort Liability Law Article 85:

If there is a property management company in this community that performs daily management and maintenance of the houses, then obviously the property management company, as the manager of the house, has to bear the main liability for compensation. But there is no real estate company to manage this community. In this way, there is no argument that the incident occurred due to improper property management.

Therefore, the liability for compensation has to be passed on to all owners of the entire building. Since they cannot prove that they were not at fault for the fall of a hanging object in the house where they live, they all need to bear tort liability.

According to the relevant provisions of the "Trial Measures for Work-related Injury Insurance for Enterprise Employees":

The man was unfortunately hit by an ice skate on his way to work and died. Therefore, according to relevant regulations, his unfortunate death can be recognized as a work-related injury, and his family can also receive corresponding subsidies.

Considering that community workers had posted safety notices at the location of the incident before the incident, the key to whether the man needs to bear responsibility lies in whether the notice is eye-catching and easy to spot. If the notice is eye-catching enough and the man lacks sufficient observation before the incident, then the man himself needs to bear some responsibility for the incident.

This incident also reminds many friends who live in the north, especially in the Northeast, that they should pay attention when going out in winter to avoid potential dangers like ice skates from befalling themselves.

In summary, I think that although this incident is generally considered an accident, the residents may still need to bear corresponding liability for compensation. Since the incident occurred while the deceased was on his way to work, his death can also It was deemed a work-related injury. However, since the deceased may have lacked sufficient observation while walking, he himself may also need to bear certain responsibility.

An ice skate fell off and killed a man passing by in a neighborhood in Changchun. How to divide the blame? It is indeed a bit troublesome to talk about responsibility, because it can be said to be a natural disaster. It is not a direct man-made injury, but the person died from an ice skate that fell off in the community. It may not be possible to say that it is not related at all. The only choice is to leave. Legal proceedings are over.

1. The ins and outs of the accident.

On November 27, a tragedy occurred in Changchun, Jilin. An ice skate fell off and killed a 30-year-old man in a community. At the time of the incident, the man was walking on his way to work. When he passed Yongfa Community on Shuguang Road in Nanguan District, he was hit by an ice skate that fell off from upstairs and died on the spot.

Now the family of the deceased hopes that the community involved can give an explanation and let the man be buried as soon as possible. However, several days have passed since the incident, and the community involved and other relevant departments have refused to take responsibility for the incident. According to Ms. Tong, a friend of the deceased, there is no property in the community involved and it is usually managed by the community. The building where the man was involved in the accident has also had an incident in which ice skates fell and injured people.

Ms. Tong said that before the incident, the community posted a safety warning A4 paper in the area, but it did not achieve the warning effect. After the incident, the community cordoned off many old residential areas nearby. and make repairs.

Ms. Tong hopes that the community will take the lead in taking responsibility for the man's death, but now all parties are shirking responsibility. Residents of Building 5, Area A, Yongfa Community, Shuguang Road, Nanguan District, refused, and the community also shirked responsibility and asked the family of the deceased to hire a legal consultant to go through the legal process.

2. Will the residents of the entire building be liable for compensation?

The ice block that killed the man fell off a building, so it should be a falling object. The provisions of the Tort Liability Law apply. In this case, the ice block that killed the man fell from a building. It was not thrown by a certain owner, but ice crystallized on the entire building.

According to Article 87 of the Tort Liability Law: If objects are thrown from a building or objects fall from a building and cause damage to others, and it is difficult to identify the specific infringer, except for those who can prove that they are not the infringer, there may be The user of the building causing harm shall be compensated.

Therefore, the owner of the entire building is a tortfeasor. As a family member of the deceased, he can sue the owner of the entire building to the court for damages. However, the owner cannot be completely blamed for the ice skate falling and hitting someone, so it is unrealistic for the owner of the entire building to bear all the responsibility. Therefore, based on the principles of humanitarianism and fairness, the owner of the entire building can only give the victim a certain amount of compensation at most.

As a property owner, when an ice skate is found in a building in the community, a safety warning sign or even a no-passage notice should be placed in a prominent location. If the duty of attention is not fulfilled, the property owner also needs to Bear corresponding legal responsibilities. Before the incident, the community posted an A4 paper with a safety warning in the area. Although the location of the paper was not obvious, at least it was posted.

3. The man who was killed by the ice skate also had an unshirkable responsibility.

As a northerner, this man should know that in this kind of ice and snow weather, ice skates are easy to form wherever there are houses, so when traveling outdoors, he should look up more and pay attention to whether there is ice on the eaves. You are the liar, and you cannot leave your personal safety to others.

And before the incident, the community had posted an A4 paper notice about safety at the location of the incident, which can be regarded as a safety reminder. Besides, ice skates are natural "falling objects". To passers-by, this kind of irregular situation is no different from a sharp knife hanging over the head. But you really can't tell who to hold accountable.

Recently, due to the rising temperature, the ice and snow in Jilin have melted, which has led to several incidents of people falling from the ice and injuring people. Warnings of "Ice falling from heights, no approach allowed" were posted on local roads, residential buildings and in front of residential complexes, and isolation zones were opened.

Summary: Falling ice from high altitudes as big as eggs can also cause death. Therefore, if relevant communities and properties in snowy areas cannot clean up ice skates in a timely manner, they should at least set up clear warning signs. Passers-by should also pay attention to safety when going out and try not to get close to buildings with ice skates. It is best to wear a safety helmet just in case.

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As the saying goes, good weather brings unexpected events, and sometimes disasters cannot be stopped even if they come from the sky. For example, a 30-year-old man in Changchun was killed by a falling ice skate while passing by a community on his way to work. This made people feel that he was really unlucky, and the person responsible could not be found.

On November 27, a tragedy happened to a 30-year-old man in Changchun, Jilin, on his way to work. He was hit by an ice skate that fell off a house in Yongfa Community, Shuguang Road, Nanguan District. die. To be honest, I seemed to have encountered this kind of thing before when I was walking on the road, but I was a little luckier. The falling thing did not hit me on the head, but was next to me. I was very lucky at the time, and I thought afterwards that I was really lucky, because if this thing had hit my head, I might have suffered a lot of injuries.

It is estimated that the family members of the deceased are still looking for the responsible party, but it is really difficult to find this responsible party because there are many people living in the houses in the community. It is probably difficult to find a specific household or party. Someone is responsible for this incident. It can be said that this man is innocent, but the residents of this residential building also seem to be innocent, because they are all in their own homes. As for the ice skate falling off the house and killing people, it is not their subjective control. In the past, people were injured and killed when objects were thrown from high altitudes, but that was done intentionally. But this was purely a natural disaster, and even the person responsible could not be found.

However, according to insiders, before the incident, the community had posted a safety warning paper in the local area, but it was not very obvious.

If it is pursued from the legal perspective, according to the law, if an object falls from a building and causes injury to others, and it is difficult to determine the specific person responsible, the user of the building who may have caused the harm will be compensated. In this way, it is equal to the entire building. All the residents of the building have become responsible persons. Another point is that this man was on his way to work at the time, so his accidental injuries were equivalent to work-related injuries. It seems that his unit must also bear this responsibility.

In addition, if there is a property in this community, then the property owner will also have to bear a lot of responsibility. Although I saw an A4 paper notice posted in the building in this community, it was not very obvious. , it is difficult for ordinary people to detect these things. In addition, many ice skates themselves are very dangerous, and the property management company has not dealt with these things. If these danger sources exist, the property management company has failed to do its own security work. However, I guess the property management company will also feel that it is too unfair, because it is very cold in the Northeast, and there are many places with this kind of ice skates, and there are no problems usually. Who knew that such a big thing would happen this time.

Now friends and family members of the deceased are asking for an explanation, and they are very angry because all parties seem to be shirking responsibility. From a purely legal point of view, either the homeowner or the property management company should be approached. At most, the deceased's unit should be held a little more responsible. However, in any case, there seems to be no person directly responsible for this incident. This is probably It's quite depressing. When people walk on the road, disaster falls from the sky. No one knows which one will come first, tomorrow or the accident.

On November 27, a 30-year-old man in Changchun, Jilin was walking on his way to work. When he passed Building 5, Area A, Yongfa Community, Shuguang Road, Nanguan District, he was hit by an upstairs wall and a falling ice skate. He died on the spot after being hit.

It can be said that the residents of the residential building are innocent, but what is even more innocent is the deceased. They were walking on the road well and did not provoke anyone. How could they be so unlucky? There have been deaths and injuries caused by high-altitude objects in the past. Those were man-made. This was a purely natural disaster that no one could have predicted.

Having said that, doesn’t it mean that people who don’t live in residential buildings have no responsibility? It cannot be said that the dead are great, respect the dead, and life is precious. Therefore, if the responsibilities are divided, people in residential buildings should bear at least 80%, and passers-by walking close to the floors should bear 20%.

But having said that, no one wants to be taken advantage of. If you think about it from another perspective, there is nothing wrong with residents of residential buildings having this idea. So it depends on how the law judges this matter.

I really don’t know which one will come first, the accident or tomorrow. A man in Changchun encountered an unexpected disaster on his way to work. Now that everyone is gone, all parties are shirking responsibility from each other. In my opinion, after this incident occurs, the two parties should share the responsibility:

On the one hand, the owner of the entire building is an infringer and must compensate the family of the deceased for damages; on the other hand, , the property management department of the community involved must bear corresponding legal responsibilities.

According to reports, a 30-year-old man in Changchun, Jilin was walking on his way to work recently when he passed Building 5, Area A, Yongfa Community, Shuguang Road, Nanguan District, when he was hit by an upstairs wall and a falling ice skate. , and eventually died on the spot.

A person familiar with the matter revealed that before the incident, the community posted an A4 paper with a safety warning in the area. However, the position of the paper is not obvious, and it is difficult for anyone to see it when walking over. This is the source of danger.

The man was hit to death by a piece of crystallized ice that fell off a building in the community. The incident was caused by an object falling from a height, not by a household throwing an object from a height. Therefore, according to the law: If an object falling from a building causes damage to others and it is difficult to identify the specific infringer, the user of the building who may have caused the harm shall provide compensation.

In other words, all the owners of the building where the accident occurred have become infringers and must compensate the victim's family in accordance with the law. Of course, this amount is shared by each household.

In this accident, the victim died and the head of the household lost his money. It was an unreasonable disaster!

There is another party that is absolutely to blame for causing such a tragedy, and that is the property in the community. On the one hand, they failed to fulfill their obligation to provide safety reminders. When the management found ice skates on the building in the community, although they posted an A4 paper warning, it was not obvious. Safety warnings should be placed in prominent locations.

On the other hand, the property management did not do a good job in safety protection. If you know that there are ice skates on the building, you should deal with them promptly in advance, or the nearby area should be closed to traffic.

In short, in this incident, both the owners of the entire building and the property management of the community are to blame.

What do you think of this? Welcome to leave comments and interact below! Let me tell you what happened:

On January 27, an ice skate fell off and killed a 30-year-old man in a neighborhood in Changchun. On his way to work, while passing through a certain community, an ice skate happened to fall off the building and hit him. The man died on the spot. According to online reports, community workers in the area posted a safety warning A4 paper before the incident. After the incident, many old residential areas nearby were cordoned off and repaired. But at present, no one has come forward to give corresponding explanations to the family members of the deceased. Friends of the deceased: All parties are shirking responsibility. Let me talk about some of my opinions:

1. In the winter in the north, it is impossible to guard against it. The property management of the community is responsible. ! The weather in the Northeast is cold, usually minus 10 to 20 degrees Celsius. Ice hanging is really dangerous. It should be cleaned up in time.

2. The man is also irresponsible for himself. If he sees the safety warning posted, he should try to stay away from the stairs to avoid himself being hurt!

3. If the matter is resolved through legal channels, in the end the residents of the entire building may be the defendants, and the residents of the entire building may be liable for compensation. According to Article 85 of my country's Tort Liability Law:

4. An accident on the way to work can also be counted as work, and the relevant laws have a supporting basis.

5. Pay attention to safety! Never walk near tall buildings. Especially residential buildings. Extended reading:

Beware of falling ice! Learn more: An ice skate fell off and killed a 30-year-old man passing by in a neighborhood in Changchun. How to divide the blame?

Nowadays, various parts of the north have entered winter mode, which has brought inconvenience to many people’s travels. For example, roads are prone to ice, causing vehicles to slip and cause accidents. But in fact, cold weather is not only inconvenient for cars, but sometimes also poses many unpredictable risks to pedestrians. This accident was truly an unforeseen disaster and a catastrophe from heaven for the deceased.

On the road that I walk every day, one day suddenly an ice skate falls from the sky and hits me. This is probably something that most people would not think of. Ice skates in the Northeast are actually very dangerous, and people and cars are hit every year. The small Bingliuzi is a dagger dropped from the sky, and the big one is a boulder dropped from the sky. The entire building may be liable for damages.

If there is a property management company in this community that performs daily management and maintenance of the houses, then obviously the property management company, as the manager of the house, has to bear the main liability for compensation. But there is no real estate company to manage this community. In this way, there is no argument that the incident occurred due to improper property management.

Therefore, the liability for compensation has to be passed on to all owners of the entire building. Since they cannot prove that they were not at fault for the fall of a hanging object in the house where they live, they all need to bear tort liability. Ice skates are actually very common for northerners

In fact, they are ice cubes that get bigger and bigger due to water freezing under the eaves and not being cleaned up in time. Generally speaking, different places have different departments. He was responsible for playing ice skates, but the accident occurred in this accident, which must be related to the relevant units. I hope they can stand up and take responsibility and give an explanation to the deceased and his family.

At the same time, this incident also gave everyone a revelation. When walking on the road, you must not only pay attention to the road under your feet and vehicles in the distance, but also pay attention to whether there are "ice skates" falling from the sky at any time.

If there is a problem with the wall, the property management of the community has management responsibilities, and the owner of the house also has corresponding responsibilities. But if it’s just an ice skater, no one is really responsible. Mainly, similar incidents have occurred before.

1. It is different from throwing objects from high altitude:

Article 87 of the Tort Liability Law of the People's Republic of China "Throwing objects from a building or throwing objects from a building" If a falling object causes damage to another person and it is difficult to identify the specific tortfeasor, unless he can prove that he is not the tortfeasor, the user of the building who may cause harm shall be compensated. "This is a regulation on liability for damage caused by thrown objects.

In this incident, the victim was injured and died due to the fall of the "ice skate". The "ice skate" was not a thrown object.

2. It is also different from items with owners.

In this incident, the death resulted from the fall of an "ice skate". The "ice skate" is an object formed when the snow melts and encounters cold weather. The object system is formed due to natural causes. "Bingliuzi" does not have an owner and has no owner or manager. Therefore, there is no direct person who has rights and obligations to "Bingliuzi".

Moreover, the question of whether the owner of the house has the obligation to clear the snow is because the snow is also caused by natural causes, and of course there is no owner or manager. There is no legal provision. In the absence of a property manager, each household has the obligation to go to the roof of the building to clear the snow. It is really difficult to require the owner to risk going to the roof of the building to clear the snow after snow.

"Ice skates" will change or disappear as the weather gets colder and warmer and the snow melts. When the "ice skates" will fall depends on weather and other factors, so it is impossible to predict. Therefore, the owners of each house in this incident were not at fault for the consequences of the damage and should not be liable for compensation.

A 30-year-old person is so young. It can only be regarded as a work-related injury. What a pity!

So, how difficult it is to live, we must live well!

Loss of money on the property

This matter should be the responsibility of the ownership unit of the building. If the property rights of the house are owned by individuals, the property owner should not be responsible, because clearing the ice skates on the building is not What one can do. I think the community should be responsible. Even if the community has been warned before the incident, it is still not enough to exempt them from liability.