What is the responsibility of falling objects into a vegetative state?

1. What is the responsibility of falling objects into a vegetative state? If the owner, manager or user of the building smashed into a vegetative state by falling objects from high altitude cannot prove that he is innocent, he shall bear tort liability. Falling objects from high altitude are extremely dangerous. At high altitude, the mass of an object will increase many times in an instant because of its height. If it hits the human body, it will cause serious harm. If a falling object smashed the client into a vegetative state. In addition, if throwing objects or falling objects from buildings cause 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, he should compensate the building users who may cause damage. Article 85 of the Tort Liability Law of People's Republic of China (PRC), if buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons. Article 87 of China's Tort Liability Law stipulates that 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 have caused the damage shall compensate. This is commonly known as "sitting by falling objects". Looking at the laws of all countries in the world, no matter France, Germany, Italy, the Netherlands, Ethiopia and other civil law countries, or common law countries, there are no similar laws or precedents, and only Chile's civil code has similar provisions in the world. Some legal scholars also pointed out that article 87 can be traced back to the clause of "throwing responsibility" in ancient Roman law. But after careful study, we can know that the houses in ancient Rome were separated, and the responsibility borne by the lessee still belongs to the situation that the infringer can determine. Therefore, this legal provision is rare in China. In fact, Liang Huixing, a well-known expert in civil law and a participant in the legislation of Tort Liability Law, clearly stated that "this law is very creative in some places, and it is creative in adapting to China's social conditions and the development of modern society", and "Article 87 is a great creative development of China's tort law to the traditional tort law". This "characteristic" legislation aims at relief and prevention. Since it is creative legislation, it will inevitably face controversy. Before the implementation of 20 10 tort liability law, the court's judgment on such cases was unclear, and the phenomenon of different judgments in the same case was serious. Not only the opinions of different courts are opposed to each other, but also the opinions of different judges in the higher and lower courts and the same court. This opposition will naturally be reflected in the legislation of tort liability law, and finally the opinion in favor of "Left Alliance" prevailed. It has been pointed out that the purpose of such legislation is twofold. The first is relief-"Some scholars object to Article 87, such as Professor Zhang Xinbao, a famous expert in tort law, who says that behind closed doors will bring disaster! Why should I be responsible for someone throwing away the ashtray? When our scholars are engaged in legal research and making suggestions for national legislation, they must not consider personal interests, but social justice. You said a man was walking outside, and an ashtray fell on him and killed him. Where are his children? What about his parents? He was crushed to death as the main labor force in the family. What a tragic situation. Why not consider it? What's the problem with sharing losses? " . Secondly, prevention-"This is a good regulation, which can play an educational role in law. Therefore, after the publication of the Tort Liability Law, those property management companies and owners' committees should post that notice on each floor to remind residents themselves and educate their children not to throw ashtrays or beer bottles. "In addition, the drafters of tort liability law, such as Wang Liming and Yang Lixin, also hold similar views. The judgment of this falling object case in Chengdu was made clear by the court for relief and prevention-"In the dispute over the damage caused by throwing objects, the user of the building is not the actual infringer. The reason why the law stipulates that it is difficult to determine the specific infringer is that the board will be hit on the user of the building who may harm, mainly because of the consideration of the victim's relief; On the other hand, it is to urge building users to be vigilant in their daily lives, guard against risks, and fulfill their corresponding obligations of storage, maintenance and attention. "It is very difficult to determine the person responsible for falling objects. China's legislation also takes this reason into account, so it is stipulated in the legislation that the users or managers of buildings involved in falling objects from high altitude can be exempted from liability as long as they can prove that they are not at fault with this case.