Is throwing objects at high altitude a fault presumption responsibility?

Parabolic objects at high altitude do not belong to the fault presumption responsibility. Although it is not your own fault to cause an object to fall from a height, the law clearly stipulates that if you can't rule out doubt, you must pay compensation. Therefore, when encountering similar incidents, we must first find evidence to eliminate doubts and safeguard our legitimate rights and interests.

Legal analysis

Parabolic objects at high altitude do not belong to the fault presumption responsibility. The tort liability to which the rule of presumption of fault should be applied is as follows: 1. Tort liability for damage suffered by a person without civil capacity in kindergartens, schools or other educational institutions; 2. In the high-risk liability, if the illegal possession of high-risk goods causes damage, the owner and manager shall bear the tort liability; 3. Tort liability for damage caused by raising animals in the zoo; 4. Damaging buildings, structures or other facilities and their shelving and hanging objects on objects. If throwing objects from buildings or falling objects from buildings causes damage to others, and it is difficult to determine the specific infringer, in addition to being able to prove that he is not an infringer, the user of the building who may cause damage shall compensate. This regulation limits the responsible person and makes the possible building users bear the liability for compensation, which will neither lead to the situation that the victims can't get relief because of the damage results, nor lead to the amount of personal compensation being too much and too little because of the obligors. To a certain extent, it can urge the building users to do their duty of care to prevent such incidents, and will not expand the scope of the obligors for compensation indefinitely. Therefore, this legislative provision is more reasonable and embodies the principle of fairness.

legal ground

Article 1254 of the Civil Code of People's Republic of China (PRC) prohibits throwing objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer. Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law. In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.