Who is responsible for falling objects? What is the responsibility of falling objects?

Incidents of damage to others caused by throwing objects and falling objects from buildings occur from time to time, and the damage consequences caused are often more serious. Needless to say, the specific infringer is within the scope of the building user, but in many cases of high-altitude throwing and falling objects, it is objectively impossible to find out who committed the tortious act, that is, there is a dilemma in proving the causal relationship, if the victim is allowed to bear the consequences of the damage in this situation, this is not only unfair to the victim, but also condones the tortious act, and it is also unacceptable to make the building user who may cause harm to compensate, after all, the building user other than the specific infringer has objectively not committed the harmful act. Therefore, the law provides for compensation to be paid to the victim by the user of the building who may have caused the damage, i.e., the victim shall be compensated equally by all the people on the upper floor, who may not be limited to the owner, who may be the tenant or the temporary user at the time of the infringement.

Compensation for the victim's damage not only protects the legitimate rights and interests of the victim, but also makes it psychologically more acceptable to the building user, which is conducive to alleviating the conflict and resolving the dispute. At the same time, the law also stipulates that the user of the building can prove his innocence and prove that he is not the infringer by providing evidence to prove that there is no causal relationship between the damage and himself, and to exclude the causal relationship, so as to exempt himself from liability.

Legal analysis: 1. Falling objects from high altitudes do not mean that the whole building should be held responsible, according to the actual situation, if a simple falling object does not cause any consequences, there is no liability problem.

2. However, if the owner, manager or user cannot prove that he is not at fault, he shall bear the tort liability if the object from a high altitude causes infringement. 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.

3. In addition, 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 it can be proved that he is not the infringer.

Legal basis: Article 1253 of the Civil Code of the People's Republic of China Where 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 or she 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.

Legal analysis: If a building or other facility, as well as the shelving objects on the building, or the hanging objects collapse, fall off, or fall and cause damage to others, its owner or manager shall bear civil liability.

Legal basis: Article 2, Item 5 of the "Opinions of the Supreme People's Court on Properly Trial Cases of High-Altitude Throwing and Falling Objects in Accordance with Law" To accurately determine the crime of high-altitude projectiles, the degree of social harm of the conduct shall be comprehensively considered on the basis of factors such as the perpetrator's motive, the place where the object was thrown, the circumstances of the object, and the consequences caused, to accurately judge the nature of the conduct, correctly apply the charges, and accurately determine the punishment.

Where objects are intentionally thrown from a height, and have not yet caused serious consequences, but are sufficient to endanger public safety, they are to be convicted and punished in accordance with the crime of endangering public safety by dangerous means as provided for in article 114 of the Criminal Law; Where serious injury or death is caused, or major losses are caused to public or private property, punishment is to be given in accordance with the provisions of paragraph 1 of Criminal Law article 115. Where the conduct described above is carried out for the purpose of injuring or killing specific persons, it is to be convicted and punished in accordance with the crimes of intentional injury or intentional homicide. He is stupid.

Article 114 of the Criminal Law of the People's Republic of China: Whoever endangers public safety by setting fires, breaching water, flooding, or disseminating poisonous, radioactive, or infectious disease pathogens, or other dangerous methods, or endangers public safety by other dangerous methods, and has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

If a falling object from a height injures a person, the infringer shall bear tort liability in accordance with law. If the party concerned cannot be found, the user of the building who may have caused the harm shall give compensation. After compensation is made to the user of the building that may have caused the harm, he has the right to recover compensation from the infringer.

[Legal basis].Article 1254 of the Civil Code of the People's Republic of China.

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 bear tort liability in accordance with law; If it is difficult to determine the specific infringer after investigation, unless it can be proved that he is not the infringer, the user of the building who may have caused the harm shall give compensation. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

Property management service enterprises and other building managers shall take necessary measures to prevent the occurrence of the circumstances provided for in the preceding paragraph; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.

Where the circumstances provided for in the first paragraph of this article occur, the public security and other organs shall promptly investigate in accordance with law and find out who is responsible.

The owner or manager of the entire building has a duty to the safety of its surroundings, similar to the obligation of people to jointly maintain the good morals of society. According to this view, the owner or manager of the building is responsible for the damage caused by falling objects. This view obviously adopts the principle of presumption of fault, that is, the perpetrator must prove that he is not at fault for the fact of injury, otherwise he should bear the adverse consequences under civil law.

The above point of view essentially touches on the issue of conflict of legal values. The law encompasses values such as security, order and justice. There are two different value orientations in the damage caused by falling objects, and if the search and match asserts that the only actor is responsible, then it is inclined to the value of justice and ignores the value of order and security. To assert that all possible perpetrators should be held accountable is to emphasize the value of security and order, and to avoid the value of justice.

In the face of value conflicts, it is necessary to balance the responsibilities as much as possible to determine the responsibilities that different subjects should bear, so as to maximize the value of the law and safeguard the interests of the parties, so as to clarify the subject of civil liability in such civil cases. From the point of view of maintaining public order and fairness (protecting the weak), this view is desirable. If the victim is required to indicate who the specific infringer is in order to obtain compensation, it is tantamount to depriving the victim of his right to claim damages, which is not conducive to the realization of the balance of the value of the law.

Therefore, the above-mentioned legal provisions should be understood to mean the owner or manager of the building. Such an understanding is not necessarily for the convenience of civil law remedies. In fact, there can be other theoretical supports.

As a whole, the building objectively forms a co-ownership relationship with the owner or manager. The Civil Code stipulates that the owner of a property jointly owned by shares shall be liable internally and jointly and severally liable externally; In the case of jointly owned property, the owner shall be equally liable internally and jointly and severally liable externally. When the building as a whole cannot be clearly defined, all owners or managers are jointly and severally liable as co-owners.

It is difficult to specifically determine who is throwing the object, and then it is impossible to determine the most important party, unless the party can exclude the evidence that they are not harmed, so that it is possible to reduce the determination of joint liability, so if the wild boars in the community can not determine their own evidence, they can only let everyone bear the liability for compensation, and the property company must also be liable.

Legal analysis: The division of liability for falling objects from high altitudes is that the infringer bears the main responsibility, and the manager fails to fulfill the statutory obligations, bears supplementary liability. However, if the specific infringer cannot be determined, the user of the building who may have caused the damage shall compensate the user of the building who may have caused the damage, 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 damage, Haruno has the right to recover from the infringer. Therefore, the liability for falling objects is mainly concentrated on the infringer, and the presumption is made unless the infringer cannot be determined.

Legal basis: Article 1254 of the Civil Code of the People's Republic of China 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 the liability for encroaching on the right to be quiet 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.

Property management enterprises and other building managers shall take necessary security measures to prevent the occurrence of the circumstances provided for in the preceding paragraph; Those who fail to take the necessary safety and security measures shall bear the tort liability for failing to perform the safety and security obligations in accordance with law.