Who s to blame for the window falling from the upper floors is the responsibility of the sanitation

Who is responsible?

Article 85 of the Tort Liability Law 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 makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

To put it simply, the owner, manager or occupant of a building is liable, and those who can prove that they are not at fault are exempt from liability. In law, this is called presumption of fault, and it is presumed from the beginning that the three roles are at fault and need to be held responsible, and if they can prove that they are not at fault, they can be exempted from liability.

In general, the owner (owner), property management company (manager) and tenant (user) of the property are all liable on a proportional basis.

Proportion of responsibilities of each party**.

As mentioned earlier, the owner, the property company and the tenant all need to be responsible in proportion, and the problem of proportion needs to be analyzed according to different situations.

First of all, let's talk about the property management company, if the property company has fulfilled its management obligations and reminded residents and owners to repair windows and be careful of falling objects, at this time, the property management company can greatly reduce its own liability, for example, it may bear 10% of the liability. In addition, according to the news, there was a window falling incident in the community not long ago, but the property company did not pay attention to it and did not fulfill its reminder and management obligations, so the property company's responsibility ratio may reach 40% or even higher.

Let's talk about the owner again, if the property management company has fulfilled its reminder and management obligations, and has repeatedly asked the owner to inspect the windows, and the owner neglects to perform the inspection obligation, it may bear about 40% of the responsibility. If the property company has not fulfilled its obligations and the owner has rented out the house for many years, then the owner's liability ratio can be reduced to about 20%.

Finally, let's talk about the residents, the proportion of responsibility of the residents, we need to see whether the property management company has fulfilled its management obligations, but also look at their own living time. If the property management company has not fulfilled its reasonable management obligations, and the tenant has just moved in and does not know that there is a problem with the window, then the household's liability ratio can be reduced to about 10% or even exempted. If the tenant has lived for a long time but does not know that there is a problem with the window, the responsibility is more likely to go to about 30%.

The amount of responsibility that each party needs to bear depends on various details, and the author believes that the probability of the tripartite negotiation of the proportion of responsibility can be negotiated is small, and it is very likely that it will be dealt with through litigation in the end.

Summary. Now that there are more and more high-rise buildings in the city, the safety and security around the high-rise buildings cannot be ignored, and all parties need to take their responsibilities seriously, otherwise similar tragedies will happen again. Throwing objects from high altitudes is very dangerous, and it can be a crime to compensate for losses at least or violate the criminal law at worst.

This responsibility is relatively difficult to deal with, and the objective should be the responsibility of the manufacturer, and the person who is engaged in sanitation is also unexpected, and he cannot be responsible.

Legal Analysis: If a window installer is a staff member of the employer and suffers personal injury due to a work-related accident, the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation; If an individual labor relationship is formed with the employer, and the party providing the labor service suffers damage due to the labor service, the party shall bear the corresponding liability according to the fault of both parties.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence.

If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties. During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

Legal analysis: In the case of loss caused by falling windows, the owner or manager of the window should be liable for damages. If the victim intentionally causes the injury, the owner or manager of the window may be exempted from liability for compensation.

If there is a problem with the installation of the window, the owner or manager of the window can recover from the installer after compensation.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 1164:This Part adjusts civil relationships arising from violations of civil rights and interests.

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.