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The baby was injured by a high-altitude projectile", which also makes us deeply sympathetic to the calcium baby, and for the person who happened to this matter, it is also to express anger, because of their own momentary negligence and let others pay for it, isn't this an irresponsible performance? For such high-altitude projectiles, it often happens in the news, and this has been stopped, but still has not been a good solution, because such things continue to happen in our lives, and such things should also cause a series of thoughts, why do such things still occur? <>
In fact, for such a thing, it is caused by the lack of safety awareness of their own, and for such a thing, it also reflects a low-quality performance, because for the high-altitude throwing object, if it does not affect its personal safety, it will not affect its appearance, it is also a low-quality performance, if it is smashed into the case, is not it also a manifestation of irresponsibility for its life safety? Such a small move may have such a big impact on others, which is also something that everyone should understand, after all, for such a thing, it is also a manifestation of irresponsibility for the safety of other people's lives. <>
Life is very fragile, in our lives, we don't know which accident and surprise will come to us first, but for these man-made flying disasters, in fact, we can still avoid it, for the initiator of high-altitude throwing objects, we should also carry out a series of ideological education, and then really understand the harm of doing so, after all, all behaviors are carried out under the impetus of thought, only let yourself think to solve such misunderstandings, Only then can we fundamentally solve the problem, prevent this kind of thing from appearing around us again, and prevent our lives from being threatened. <>
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No one admits that the baby was injured by a falling object, we should call the police to deal with it, so that the police can visit and investigate and help find the person who threw the object.
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Surveillance will be installed in the community, and you can find the surveillance video through the property, and you will definitely be able to find the person who threw things.
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Alarm. Because I think this kind of phenomenon, then we definitely need to call the police and find this kind of person who hurts others.
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Where a child is injured by a falling object from a height, the infringer shall bear the responsibility for damages, and if it is difficult to determine the specific infringer, the owner of the community who may have caused the harm shall bear the responsibility for compensation, and the owner of the community may be exempted from liability by proving that he is not the infringer, and he has the right to pursue the first compensation from the infringer after assuming responsibility.
[Legal basis].Article 1254 of the Civil Code.
It is forbidden to throw objects from the building. Where an item thrown from a building or an item 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.
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The definition of liability for a child injured by a falling object is that the infringer bears the liability for damages, and if it is difficult to determine the specific infringer, the owner of the community who may have caused the harm shall bear the responsibility for compensation, and the owner of the community can be exempted from liability by proving that it is not the infringer, and he has the right to recover from the infringer after assuming responsibility.
[Legal basis].
Article 1254 of the Civil Code prohibits the removal of objects from buildings. Where damage to others is caused by throwing objects from hidden objects in buildings or objects falling from buildings, 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.
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Legal analysis: The person directly responsible for the injury caused by a child falling from a height should be held responsible. If it is difficult to determine the specific infringer, in addition to being able to prove that it is not the infringer, the user of the building who may cause harm shall bear the liability for compensation for the victim's wantonness.
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 object falls off or falls and causes 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.
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Who should be responsible for the injury of a child falling object The Tort Liability Law of the People's Republic of China, which came into force on July 1, 2014, clearly stipulates the liability for throwing objects from high altitudes. That is, it is more difficult to collect evidence of high-altitude throwing objects, and if there is no evidence such as surveillance video that can determine the item, the residents of the entire building are likely to be "implicated" and become defendants together. At present, falling objects have become a new urban nuisance, threatening the lives and property safety of citizens.
The reporter learned that the common falling objects are tiles and decorations attached to the surface of the building; The billboards and light boxes of the buildings facing the street are not firmly installed and repaired in a timely manner, leaving potential safety hazards; Some citizens are accustomed to drying things on windowsills, placing flower pots and other items; Some citizens have the bad habit of littering garbage and sundries from windows; Some children are young, and their parents are negligent and used to throwing objects from upstairs. These behaviors are very dangerous with serious consequences. Who should supervise falling objects?
This is a blank and blind spot in urban management. Although the urban management law enforcement department has the authority to supervise outdoor billboards, it has no authority to supervise the window sills of citizens' homes. Relevant people suggested that in terms of urban governance, the relevant departments can incorporate air safety into the management system, such as urban management, safety supervision, fire protection and other relevant departments should have the right to supervise, and find high-altitude objects that do not meet the safety technical standards, and have the right to eliminate the danger in a timely manner, and deal with its managers.
At the same time, the relevant departments should introduce incentive policies to mobilize citizens to report the potential safety hazards around them in a timely manner, prevent problems before they occur, form a joint prevention mechanism with the participation of the whole society, and jointly create a safe living environment. For the parties, it is difficult to divide the responsibility of falling objects, but in practical application, some people will turn a blind eye to the maintenance of interests and lead to problems. Therefore, as long as their own interests are effectively divided, they can make certain compensation for specific responsibilities, and obtain direct economic compensation.
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Legal analysis: Killing a person by throwing an object from a high altitude is an act of negligence causing death, and it is suspected of the crime of negligence causing death and must be sentenced. where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given.
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 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.
Criminal Law of the People's Republic of China Article 233 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.
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Legal analysis: If a child throws an object from a high altitude through the window, if the damage is caused, the guardian shall bear the responsibility for civil compensation. If no harm is caused, the guardian is to be criticized and educated.
Legal basis: Civil Code of the People's Republic of China
Article 1188:Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.
Article 1254: It is forbidden to throw objects from buildings containing clans. 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.
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