How to deal with falling objects from high altitudes, and how to deal with falling objects from high

The treatment of falling objects from high altitudes is as follows:

Article 87 of the Tort Liability Law of the People's Republic of China provides 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 harm unless it can be proved that he is not the infringer.

Recently, there was a "bloody case caused by falling objects", a woman threw a bloody sanitary napkin in the air, which made the residents on the second floor who had been troubled by high-altitude throwing objects for a long time unbearable, and finally caused a bloody case. Residents have repeatedly thrown objects from high altitudes, and passers-by have been injured by falling objects from high altitudes. So how to prevent falling objects from high altitudes from injuring people?

Do not actively throw objects

This is against the law.

According to the Tort Liability Law of the People's Republic of China

Article 85: Where buildings, structures, or other facilities, as well as their shelving or hanging objects, fall off or fall, causing harm to others, and the owner, manager, or user cannot prove that they are not at fault, they 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: Where objects thrown from a building or objects falling from a building cause harm to others, and it is difficult to determine the specific infringer, the building user who may have caused the harm is to give compensation unless they can prove that they are not the infringer.

Pay attention to inspect the house

From the objects falling from high altitudes, from paper towels, fruit pits, toothpicks, to drying racks, ashtrays, flower pots, and even more shocking behemoths such as steel plates and anti-theft nets.

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, broken or loose, check whether the balcony, ceiling and other hanging objects are loose, whether the balcony plants and flower pots are at risk of falling, and whether the external wall is leaking.

Purchase falling object insurance

Compensation can be given to passers-by who are injured by falling objects from high altitudes, and the expenses of window frames, flower pots, etc., which cause injury to others or damage to other people's property due to accidental fall from their homes, and legal responsibility for this incident will be compensated. Even if there is a falling object within the building where you live, and the perpetrator cannot be identified, the cost shared by the relevant occupants will be compensated by the law, and this rider provides a maximum of 50,000 yuan of coverage.

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 the detour.

Try to walk the inner streets

If you are walking in a high-rise building, try to walk on a protected inner street, etc., which can increase the safety guarantee.

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.

Take out personal accident insurance

If financial conditions allow, it is advisable to purchase accident insurance.

Legal analysis: The handling of falling objects from heights and injuries is as follows: 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, 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.

Legal basis: Article 1241 of the Civil Code of the People's Republic of China Anyone who loses or abandons a highly dangerous object and causes damage to others shall bear tort liability. If the owner hands over the highly dangerous goods to others for management, the manager shall bear the tort liability; If all the owners are at fault, they shall be jointly and severally liable with the manager.

If a person is injured by a falling object from a height, the party concerned may require the person who fell from the object and the property management personnel to jointly clear the section and bear the liability for compensation. If the infringer cannot be found, the entire residential building shall be liable, but the principle of no-fault liability can be applied to the case of falling objects from high altitudes, and those who prove that they are not at fault shall not bear the liability for throwing objects from high altitudes.

According to the provisions of the Civil Code:

Article 1253 stipulates that if a building, structure or other facility and its shelving or hanging object falls off or falls and causes 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 compensates, if there are other responsible persons, the rock bureau has the right to recover from the other responsible persons.

Article 1254 stipulates that if an object thrown from a building or an object falling from a building causes 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. 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; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.

1. What are the ways to deal with falling objects?

1) After the occurrence of a falling object from a height, the relevant management personnel should immediately rush to the scene to determine the harm caused by the falling object. If injured, take them to the hospital or call emergency services immediately**; If property damage is caused, the scene should be protected, photos should be taken to collect evidence, and relevant personnel should be notified.

2) Identify the falling object as soon as possible**.

3) After determining the falling object**, coordinate the injured victim and the responsible person to negotiate and deal with it in a timely manner.

If the identified perpetrator cannot be found, then the victim can defend his rights through litigation, and if the object thrown from the building or the object falling from the 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 unless he can prove that he is not the infringer.

1. If the handling of an accident involving a falling object from a height is to throw an object from a building or an object falling from a building to 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.

2. [Legal basis] Change the cautious paragraph.

3. According to Article 87 of the Tort Liability Law, 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 be responsible for the damage shall be compensated unless it can be proved that he is not the infringer.