Who is responsible for falling from a height, and who is responsible for falling from a height

This situation. First, look at whether the telecom employee is intentional or negligent, that is, he deliberately or negligently pursues the victim to run dangerously, and if so, then he will bear criminal liability, and of course he should be held liable civilly.

Second, see whether the building has safety measures, whether there are warning signs, guardrails, etc., if not, the owner or user of the building can be held accountable for safety and security, and require him to bear civil compensation.

Scope of civil compensation.

Judicial Interpretation of the Supreme People's Court on the Trial of Personal Injury Compensation Cases.

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Hello, this situation is an unexpected event. If we consider whether others are responsible, it mainly depends on whether there is obvious fault in the pursuit of others.

Telecom employees are not liable if there is no obvious negligence.

1. Is there any responsibility of the owner of the falling object?

Falling objects from heights may be the responsibility of all owners. Generally speaking, if a high-altitude object causes damage to others, the infringer shall bear tort liability in accordance with law; If the specific infringer cannot be determined, in addition to being able to prove that he is not the infringer, the user of the building seepage that may cause harm shall be compensated, that is, the owner.

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.

II. What are the constitutive elements of the crime of throwing objects from a height.

The constituent elements of a falling object from a height are:

1.Subject matter elements.

The object of the crime is a complex object, which refers to the state's management order of social public security, where public security refers to the safety of the life, health, and major public or private property of an unspecified number of people.

2.Objective elements.

The objective aspect of this crime is that the perpetrator throws objects from buildings or other heights to cause injury or damage to property.

3.Principal Elements.

The subject of this crime is a natural person who has reached the age of 16 and has the capacity for criminal responsibility.

4.Subjective element.

The subjective aspect of this crime is manifested in negligence, that is, the perpetrator has a negligent mental state of mind about the result of his act of throwing objects from a height, including negligent negligence and overconfident negligence.

3. Do falling objects need to bear criminal liability?

Where falling objects from high altitudes cause serious consequences, and the circumstances are serious, criminal responsibility is required, and a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, and/or a fine.

Find a legal network to remind you that Article 291-2 of the Criminal Law of the People's Republic of China.

Where objects are thrown from buildings or other heights, and the circumstances are serious, a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, and/or a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

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; If it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall make compensation 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. 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 tortfeasor shall be liable for the death of a falling object. Buildings, structures or other facilities, as well as their shelves and hanging objects, fall off or fall, causing damage to others; If the owner, manager or user cannot prove that he is not at fault, he shall bear the liability for 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.

Article 233 of the Criminal Law stipulates that whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

1. How to clarify the responsibility for falling objects hitting the arm?

1) The person who was smashed only needs to prove that he passed by the place and was injured by a falling object on the building. All that remains is for the owner of the building to prove that he has not thrown the object. If the person who fails to provide evidence or cannot find the actual throwing object, all the owners of the corridor shall be jointly liable for compensation.

This is the responsibility of the person who was smashed, because it is impossible for the person who was smashed to provide evidence to prove that a certain owner threw the object, and it is unrealistic to require the person who was smashed to provide evidence, so it is applicable to the reversal of evidence.

2) If the house is rented, then the landlord and the tenant jointly compensate. The tenant is the actual occupant of the premises, has direct responsibility for the safety of the premises, and has not treated the aging glass or notified the landlord in a timely manner when it is foreseeable to prevent it. As the owner of the house, the landlord needs to bear the corresponding supervision obligations, and if the landlord fails to fulfill the obligations, the owner or manager of Tan Jingyou shall bear the obligation of compensation.

Therefore, the principle of attribution of liability for falling objects from heights is applicable to the principle of reversal of proof in the law, that is, the victim only needs to prove that he was injured by a falling object from a height, and the remaining burden of proof is on the owner of the residence.

2. What is the maximum crime for throwing objects from high altitudes?

With regard to intentional throwing objects from high altitudes, the crime of endangering public safety by dangerous means, the crime of intentional injury, or the crime of intentional homicide shall be punished according to the specific circumstances, and a heavier punishment shall be given in specific circumstances. Of particular note is that the maximum penalty for intentionally throwing an object from a height can be considered intentional homicide. For acts of throwing objects from high altitudes, factors such as the perpetrator's motivation for the tour, the place where the object was thrown, the circumstances of the throwing object, and the consequences caused, shall be comprehensively considered to the degree of social harm of the conduct, the nature of the conduct shall be accurately judged, the charges shall be correctly applied, and the punishment shall be accurately determined.

Article 234 of the Criminal Law of the People's Republic of China, whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

In the event of a fall from a height, the infringer shall require the infringer to bear the corresponding tort liability. If it is difficult to determine the specific infringer after investigation, 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. However, after the user of the building that may have caused the harm is compensated, it may recover from the infringer.

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 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 service 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 security measures by dispersing and burying them on land shall bear tort liability for failing to perform their security obligations in accordance with law.