Legal liability for high altitude projectiles

The legal liability for falling objects from high altitudes is stipulated as follows: 1. The tortfeasor who commits the act of falling objects from high altitudes shall bear the tort liability; 2. If it is difficult to determine the specific infringer, unless it can be proved that it is not the infringer, the user of the building who may have caused the harm shall give compensation; 3. If the property fails to take the necessary security measures, it shall bear the tort liability for failing to perform the security obligation in accordance with the law.

1. Legal liability for high-altitude throwing objects.

1. The legal liability for falling objects from high altitudes is stipulated as follows:

1) The tortfeasor who commits the act of falling from a height shall bear the tort liability;

2. If it is difficult to determine the specific infringer, unless it can be proved that it is not the infringer, the user of the building who may have caused the harm shall give compensation;

3. If the property fails to take the necessary security measures, it shall bear the tort liability for failing to perform the security obligation in accordance with the law.

2. Legal basis: Article 1254 of the Civil Code of the People's Republic of China.

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 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.

Second, how to punish high-altitude throwing objects.

The penalties for throwing objects from high altitudes are as follows:

1. The punishment for the crime of throwing objects from high altitudes is judged differently according to the specific circumstances, and it is mainly based on the specific acts of throwing objects from high altitudes to determine what kind of crime is constituted, and if it is the crime of endangering public safety by dangerous means, the sentence is between three and 10 years imprisonment;

2. Causing injury to a person will be found to be the crime of intentional injury, and the maximum sentence is not less than 10 years imprisonment, life imprisonment or death;

3. Anyone who causes death will be found guilty of intentional homicide and shall be sentenced to death at the highest standard.

Legal analysis: If the circumstances of the falling object from a height are serious, a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, and/or a fine. 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, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release, and/or a fine of the person who is buried.

Legal basis: Article 291 of the Criminal Law of the People's Republic of China stipulates that anyone who throws objects from a building or other high altitude, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release, and/or a fine.