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Division of responsibilities between tenants and landlords for falling objects from high altitude
The liability for falling objects from high altitude shall be divided by the infringer. 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; Property service enterprises and other building managers shall take necessary safety measures. If it fails to do so, it shall bear the tort liability for failing to fulfill its security obligations according to law.
Legal objectivity:
Article 1254 of the Civil Code 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.
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