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In recent years, there have been frequent incidents of falling objects from high altitudes, smashing people and even causing deaths, which has become an undesirable phenomenon that cannot be ignored in today's society. However, due to the limited capacity of the criminal investigation department, it is often difficult to identify the perpetrator of a specific act in such cases. The verdicts of the courts vary from place to place.
Most of the verdicts caused a lot of controversy and were reported in a hurry. In this regard, we are concerned about how to prevent and avoid falling objects in daily life. We should do the following.
First, pay attention to the warning signs and try to stay away from high-rise buildings. We must pay attention to our own safety in our daily walking. If you want to avoid throwing objects from high altitudesTry to avoid staying below the upper floors.
Pay attention to some of the facilities on the upper floors. If there is a wall peeling off or other phenomena on the upper floor, we must not approach it, so as not to fall and hurt ourselves. If an object falls from a height and hits a person, it will either kill or injure people, so we must protect ourselves.
In linePay attention to warning signs during walking, and avoid walking on high-altitude throwing sections. withWhen walking under a tall building,Be focused。Avoid it in time when you hear some unusual noises.
Secondly, be yourself, in the upper floors is not like throwing objects downstairs. For high-altitude projectilesWe want to lead by example. When moving in at a high-rise, don't throw anything downstairs, because no matter how light things are, they may cause people's ** due to gravitational acceleration
If there are children in the family, we need to educate the children and explain to them the dangers of throwing objects from high altitudes。Avoid children throwing objects in the air and hurting people.
Finally, do a good job of checking some objects that may fall in your daily lifeIn our daily lives, some of our facilities will inevitably deteriorate. For this, we must check frequently, and repair the items that may fall in time. Prevent yourself from hurting others because of your own negligence.
Know what to hang on your balcony and how your flower pots are arranged. For wall tiles that are about to fall, report the property in time to avoid smashing passers-by.
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When walking on the street, be sure to walk under the eaves. Keep the light out of the way. In this way, you will avoid falling objects from high altitudes and injuring yourself.
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Try not to walk on the edge of the building. Secondly, if you must walk, near the edge, take a look in advance to see if anything has fallen from it.
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In order to avoid falling objects from high altitudes, guardrails should be installed on high floors, vigorously publicize and their hazards, and the state should promulgate corresponding laws and regulations to avoid other tragedies.
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Do not place items on the windowsill of your own home, avoid falling when the wind and rain are blowing, and pay attention to observe when walking downstairs and pass quickly.
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People who live in high places should master relevant knowledge, improve their literacy, and do not throw objects at will. People who walk in low places should "look at the six roads", especially in places where there are more high-rise buildings.
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Walk a little further away from the windows and balconies, and occasionally look for anything on it.
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In order to avoid injuring themselves and others by falling objects, members of the public should do the following:
1. Develop good living habits, start from yourself, and educate and stop others from throwing objects in the air;
2. When you see a crumbling object in the sky, you should report it to the fire department and other relevant departments in time, and immediately deal with and eliminate potential safety hazards;
3. Regularly check whether your own windows and air conditioning brackets are firm, and reinforce them in time if they are loose;
4. Clean up the items on the balcony and window sill that are easy to be blown off by the wind, such as flower pots, drying racks, etc., to avoid falling objects due to weather and other external factors;
5. When going out on windy days, do not cling to buildings with aging walls, residential buildings with sundries and hanging objects, and walking or staying under billboards to avoid accidents;
6. When carrying out high-altitude maintenance and cleaning of external walls, protective measures should be taken to prevent items from accidentally falling and injuring people.
There are three main types of falling objects, one is the exterior wall of the building, billboards, light boxes, etc.; the second is the casual discarding of high-rise residents; The third is the balcony placement.
Because the impact force generated by the fall of an object from a high altitude is directly proportional to its weight, hardness, and fall time, the higher the height, the harder the texture, and the smaller the contact surface, the greater the damage. The test results showed that an ordinary egg falling from the 8th floor can rupture a human scalp; If you fall from the 18th floor, you can smash the skull; Falling from the 25th floor can kill people, and the destructive power of falling objects from high altitudes is staggering.
The Civil Code stipulates that if the damage to others is caused by the failure to activate the focal point force majeure, it shall not be liable. Therefore, in the event of a natural disaster such as a typhoon or typhoon, if an item falls due to an irresistible force, the owner of the falling object is not held responsible.
Therefore, the civil liability for damage caused by falling objects in the community shall be borne by the owner or manager of the falling objects; If the owner or manager is not clear, the owner or manager of the building shall be jointly and severally liable, unless it can be proved that he is not at fault.
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<> "How to Prevent Falling Objects.
1.Pay attention to warning signs. Generally, there are warning signs and other signs on the road sections where objects often fall, so pay attention to check which skin to go around.
2.Try to walk the inner streets. If you are walking in a high-rise building, try to walk on the protective inner street, which can increase a safety guarantee.
3.Be careful when it is windy and rainy. Cities in coastal areas, stormy and rainy weather, is the peak period for falling objects, and it is necessary to observe carefully.
4.For families with children at home, it is best to install safety protection facilities on the balcony (such as enclosing the balcony and installing protective nets), which not only ensures the safety of the children to avoid accidents, but also prevents the children from throwing objects at will through the balcony.
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Legal analysis: Falling objects from high altitudes are seriously harmful, throwing an egg down from a high floor, although theoretically it does not reach the limit of skull fracture, but falling on the head, it may also lead to brain ** or intracranial hemorrhage death. <> "How to Prevent Falling Objects.
1. Do not actively throw objects; 2. Pay attention to inspect the house; 3. Purchase high-altitude falling object insurance; 4. Pay attention to warning signs; Wait a minute.
Legal basis: Article 87 of the Tort Liability Law of the People's Republic of China Article 87 Where an object thrown from a building or an object falling from a building causes damage to others, and it is difficult to determine the specific infringer, the user of the building who may have caused the harm shall compensate the user of the building who may have caused the damage, unless he can prove that he is not the infringer.
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Falling objects from high altitudes are seriously harmful, throwing an egg down from the middle and high floors, although theoretically it does not reach the limit of skull fracture, but it can also be smashed on the head, which can also lead to brain ** or intracranial hemorrhage death.
The measures to prevent falling objects from heights are as follows:
1. Do not actively throw objects;
2. Pay attention to inspect the house; Several points that need to be checked regularly: whether the screws and window frames on the edges of doors and windows are loose and falling off, whether the exterior window glass is deformed, cracked or loosened;
3. Purchase high-altitude falling object insurance; Compensation can be given to passers-by who are injured by falling objects from high altitudes, and the expenses of legal liability for the incident will be compensated;
4. Pay attention to warning signs; Generally, there are warning signs and other signs on the road sections where objects often fall, pay attention to check the detour;
5. Try to walk the inner streets. If you walk in the section of a high-rise building, try to walk on a protected inner street, etc., which can increase the safety guarantee;
6. Pay more attention on windy and rainy days. For example, in coastal cities, stormy and rainy weather is the peak period for falling objects, so it is necessary to observe carefully;
7. Purchase personal accident insurance. If financial conditions allow, it is advisable to purchase accident insurance.
1. What is the basis for the division of liability for falling objects?
The principle of no fault shall apply to the division of responsibility for falling objects from high altitudes. That is to say, the victim only needs to prove that he was injured by a falling object and suffered personal or property damage, and as long as the owner, manager or user of the falling object cannot prove that he is not at fault, he shall bear tort liability to the victim. If it is difficult to determine the specific infringer, the user of the building who may have caused the harm shall compensate the building user unless he can prove that he is not the infringer.
Second, how to prevent and control falling objects in windy weather.
Falling objects from high altitudes in the wind season should be guarded against in this way:
1. Do not actively throw objects;
2. Pay attention to the distress and check the house. Regularly check whether the screws and window frames on the edges of doors and windows are loose and fall off, whether the exterior window glass is deformed, cracked or loosened, and check whether the hanging objects such as balconies and skylights are loose.
3. Purchase high-altitude falling object insurance;
4. Pay attention to warning signs;
5. Try to go to the inner orange closed street.
6. Purchase personal accident insurance.
Article 1254 of the Civil Code prohibits throwing objects from buildings. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.
The Civil Code came into force on January 1, 2021).
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