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How much damage can a falling object cause? Told by physics experiments.
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Causing bodily injury and property damage. If a falling object hits a person, it will be seriously injured or killed, and the threat to the personal safety of others is too great, and hitting someone else's car will damage the vehicle.
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It will bring physical harm to others, as well as financial losses, so we must prohibit throwing objects from high altitudes.
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The harm of falling objects from high altitudes is very great, if it hits and injures pedestrians, it is responsible for compensating others for medical expenses and losses, and if it kills people, they will also accept legal sanctions.
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Throwing objects from high altitudes is likely to injure passers-by and, in severe cases, kill others.
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Falling objects from high altitudes can smash other people's cars and pawnshops, and more dangerously, they pose a threat to people's lives, and many people are seriously injured or even killed because they are hit.
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In social life, it is common for high-rise residents to throw their belongings downstairs, and these residents never consider that their actions will cause serious harm to others, many people are paralyzed due to falling objects, and even many people lose their lives because of falling objects. The reason why falling objects can cause very serious damage is that high-altitude objects will form a huge impact force, which will cause the weight of high-altitude falling objects to be particularly large, and eventually lead to serious life injuries caused by high-altitude falling objects. Although the state prohibits residents from falling from high altitudes, there are still many residents who throw their belongings downstairs.
The first reason: gravity is particularly strong as long as we have learned the common sense of physics. We can find that falling objects from high altitudes can have serious consequences under the action of gravity.
If an object of about two kilograms falls from the height of the tenth floor, the weight will resist the air during the fall, thus forming a huge shock wave. When this object hits a pedestrian's head, the pedestrian will suffer great damage, and some pedestrians will even lose their lives as a result.
The second reason: there are no protective measures in the airAlthough every household has installed a fence to protect personal safety, it is impossible for everyone to make a huge net in mid-air to prevent the huge damage caused to humans by falling objects from high altitudes. People will inevitably make mistakes, when we make a huge mistake, the falling object has caused huge psychological shadow and physical injury to passers-by, we can only try to avoid such unsafe events in the next life.
The third reason: people ignore the threat of falling objectsAlthough everyone does not want to be a victim of falling objects, there are still many people who become perpetrators of falling objects. Some people feel that they have thrown a small object downstairs that would not cause great harm to humans, and in fact, this behavior has already posed a potential threat to life.
Eventually, people lose their lives due to falling objects.
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Because the impact force of a falling object is very large, even if it is a small object, the pressure caused by throwing it from a high place is also very large.
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Because under the influence of gravitational force, the object will have a lot of energy in the process of descending.
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It may be that the impact caused by the high-altitude projectile itself is very large, and there is a high probability that people will die.
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Because any small thing, accelerated by gravity, can have a lot of energy, this junior high school physics is taught.
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Because the object falling from a high altitude, due to the gravitational effect of the earth, coupled with the kinetic energy of the fall, after falling to the ground, it will cause a very large attack, and if the object happens to hit the person passing by at this time, generally speaking, it will cause very large damage.
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The reason why the injuries caused by falling objects are always so big is that the force of falling objects is particularly large due to the force of inertia, and the victims are often unable to bear it.
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Article 85 of the Tort Liability Law 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 makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons. Article 87 of the Tort Liability Law 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 that may cause harm shall be compensated unless it can be proved that he is not the infringer.
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. If there is a falling object incident in the unit under construction, the construction unit and the construction unit shall be responsible.
If the construction of the building has been completed and is owned by the owner, but no clear infringer can be found after the incident of falling objects from a height, the principle of imputation of fault shall be adopted, and the owner of the building who may have caused the harm shall bear the responsibility. According to the Tort Liability Law, when it is difficult to determine the specific infringer, the user of the building who may have caused the damage shall compensate the building user who may have caused the damage, unless he can prove that he is not the infringer. Therefore, the court can determine whether to exempt the parties from liability through the following points when hearing the case.
First, the "user of the building who may cause harm" determines the specific person responsible for the infringement. Compared with the victim, the perpetrator may live in the same building as the actual perpetrator, and he has a better understanding of the situation of the building, and has the advantage of geography and connections, and can find out the actual perpetrator through a variety of channels to exempt himself from responsibility. Second, the "user of the building who may cause harm" must provide evidence to prove that he is not the infringer.
It is possible that the perpetrator can provide evidence to prove that he could not have been in the building or that the injured object could not have belonged to him at the time of the infringement, so as to be exempt from liability in time or objectively. Third, force majeure. Article 29 of the Tort Liability Law provides:
If the damage to others is caused by 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. Falling objects from high altitudes are usually caused by some environmental factors, such as because of typhoon weather, which causes things to be blown down and hit pedestrians or property on the road.
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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 subject of responsibility for the damage caused by falling objects from a height may be the user of the building (presumed perpetrator). The details are as follows:
1. The main body of responsibility is the user of the building: refers to the actual user of the building (the owner, tenant, borrower, and other persons who use the building) at the time of the infringement;
2. The responsible entity is the user of the building who may cause harm;
3. The subject of responsibility is the user of the building who cannot provide evidence to exclude himself as the infringer.
1. Relevant legal provisions.
Article 1254 of the Civil Code of the People's Republic of China [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 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.
II. Procedures for Filing Lawsuits for Personal Injury Compensation.
The procedure for filing a lawsuit for compensation for personal injury is as follows:
1. Indictment. If a lawsuit is filed on the grounds of action for a personal injury compensation dispute, the complaint should contain some basic information of the parties to the litigation, the claims of the litigation, the facts and reasons for the litigation, and provide corresponding supporting materials;
2. Go to the court to file a case;
3. When the case is filed, the number of defendants in the case submits copies of civil complaints, materials, etc.;
4. After the case filing tribunal examines the fee.
5. Submit the payment bills and materials to the court case filing division and wait for notice.
6. After the court files the case, it will schedule the case, and serve the copy of the complaint, evidence and other materials to the defendant, and after serving the defendant, it will notify the time or mail the summons.
7. If the other party can agree to mediation through consultation, the court may ask both parties to mediate, and if the mediation is successful, a "Civil Mediation Letter" will be issued;
8. If the mediation fails, the mediation will be adjudicated, and the civil judgment will be issued.
To sum up, it can be concluded that civil liability for damage caused by falling objects from heights.
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Legal analysis: The hazards of falling objects from high altitudes are very obvious, and the common hazards are caused by damage to the safety of people and property. Falling objects from high altitudes can damage property safety and cause injury, and can cause death in severe cases.
However, the responsibility of falling objects from high altitudes is often not clear to the individual, and it often leads to a wide range of joint and several liability.
Legal basis: Civil Code of the People's Republic of China Article 1253 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. If there are other responsible persons, the owner, the file manager or the user has the right to recover from the other responsible persons.
How powerful is a falling object? Experiments have proved that one egg is enough to kill you!
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. >>>More
The treatment of falling objects from high altitudes is as follows: >>>More
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. >>>More
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. >>>More