If how to solve the falling object from high altitude, what to do with the falling object from high

1. If there is no accident loss, find the perpetrator as soon as possible, point out the accident and its harm, as well as the public security punishment it may face, and advise it not to commit it again.

2. Strengthen the supervision of those who have thrown objects from high altitudes.

3. If no one witnesses the perpetrator, the falling objects should be removed in time, and inquiries and investigations should be conducted among the residents of the relevant floors where the perpetrator may occur.

Legal basis] Article 85 of the Tort Liability Law of the People's Republic of China stipulates that if a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Article 87 stipulates that if 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.

There will be no pie in the sky, but there is a high chance that apples, mobile phones, cutting boards, and glass bottles will fall. Once a high-altitude throwing or falling object hits a passerby, the minor one will be injured and the serious one will die! Is there anything we can do in the face of this overhead bomb? Don't worry, click on **, teach you how to prevent and how to first aid!

It is recommended to install high-altitude protective netting.

Legal analysis and negotiation: When the situation of falling objects hurting people happens around us, the parties first determine whether they are injured and treat the wounds in time. At the same time, the parties need to adjust their thoughts, quickly sort out the corresponding clues (such as time, place, falling objects, etc.) in their minds to the relevant departments for identification, and then let the relevant person in charge make compensation in accordance with the law.

Legal basis: Article 1252 of the Civil Code of the People's Republic of China Where a building, structure or other facility collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability. After the construction unit or construction unit makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

If the collapse of buildings, structures or other facilities causes damage to others due to the reasons of other responsible persons, the other responsible persons shall bear tort liability.

1. Immediately conduct an investigation, quickly identify the direction of the projectile, the floor number, and the location, and try to find the person who violates the empty posture.

2. If necessary, a warning can be issued to the offender and reported to the police. If the offender cannot be identified, notify all owners if necessary and point out the seriousness of the act.

3. Send someone to take care of the thrown items (evidence), such as the thrown items smashing public facilities, vehicles, etc., should be fenced with coils, and photos should be taken for archiving.

4. Record all the details in the daily management record book of the property.

Article 1254 of the Civil Code.

Liability for damage caused by unknown throwing objects and falling objects] It is forbidden to throw 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 him, unless he can prove that he is not the infringer's predecessor. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

1. What is the principle of attribution of liability for falling objects?

The principle of attribution of liability in cases of damage caused by falling objects from high altitudes is the principle of no fault.

In the case of damage caused by a falling object, "proving that you are not the infringer" is not a presumption of whether the party is subjectively at fault, but a presumption of the causal relationship between the tort of the falling object itself and the fact of damage, and the causal relationship cannot be confused with the subjective aspect of the party.

The principle of no-fault liability refers to the fact that "based on the special provisions of the law, the perpetrator shall bear civil liability if he is not at fault for the damage caused by his conduct." "The adoption of the no-fault principle in falling object cases is conducive to protecting the rights and interests of victims and promoting the smooth development of cases. Although innocent owners will be involved in the lawsuit, the actions of other owners can better and faster promote the progress of the case, which is conducive to the timely detection of the perpetrator.

The other owners do not directly compensate the victims, but only bear the liability for compensation when they cannot prove that they are not the infringers. They can be exempt from liability by actively searching for clues to find the perpetrator, or by showing evidence that they were not at the scene at the time or that the falling object was not related to them. The principle of no-fault liability is based on the idea that "it lies in the reasonable distribution of unfortunate damages".

If a falling object from a height injures a person, the infringer shall be liable for damages. Where objects thrown from a building or objects falling from a building cause 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 unless it can be proved that he is not the infringer.

[The law is the basis].Article 1254 of the Civil Code.

It is forbidden to throw objects from the building. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall prepare for cancellation in accordance with law and bear tort liability; 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. After compensation is made to the user of the building that may have caused the harm, it has the right to recover compensation from the infringer.

Legal analysis: The phenomenon of high-altitude throwing objects is known as "the pain hanging over the city", which is harmful but not uncommon, and has become a hidden danger to safety and a difficulty in supervision. Throwing objects from high altitudes is not only uncivilized behavior, but also involves legal liability.

Legal basis: Article 1243 of the Civil Code of the People's Republic of China If the manager can prove that sufficient safety measures have been taken and sufficient warning obligations have been fulfilled if the person enters an area of highly dangerous activities or an area where a place where a high level of danger is stored without permission and is damaged, the responsibility may be mitigated or not assumed.

Article 1244 of the Civil Code of the People's Republic of China: Where liability for high danger is borne, and the law provides for a limit of compensation, follow those provisions, except where the perpetrator is intentional or grossly negligent.