Who is responsible for the external wall falling off and hitting people?

During the warranty period, the construction unit of the building shall be responsible for the external wall falling off and hitting people. If the external wall falls off beyond the warranty period, causing personal and property damage, the building owner and manager shall be liable for compensation, that is to say, if the building is owned by the unit, the unit shall bear the responsibility; If the building is a commercial house, it should be the responsibility of the owner and the residential property department.

According to Article 14 of the Measures for Quality Warranty of Housing Construction Projects, if the owner, user or third party suffers personal or property damage due to quality defects of housing construction projects during the warranty period, the owner, user or third party may claim compensation from the construction unit.

According to 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.

Eighty-sixth buildings, structures or other facilities collapsed and caused damage to others, the construction unit and the construction unit shall bear joint and several liability. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons. If buildings, structures or other facilities collapse due to the reasons of other responsible persons and cause damage to others, other responsible persons shall bear tort liability.

Extended data:

Case:

At about 0: 40 on March 7, 2065438, when Zhou, a primary school teacher who came home from work, passed through an alley in North Street, the concrete block on the outer wall of the residential building on one side of the alley fell off, causing Zhou's head to fall to the ground. Although he was sent to the hospital in time, he died unfortunately because of his injuries. In addition, the falling cement block also hit the air-conditioning cabinet on the other wall, causing the air-conditioning cabinet to fall to the ground.

The residential building involved was built in 1992, divided into one or two units, with 33 households and 36 owners. Due to historical reasons, there is no property and owners' committee. The cement block fell off the outer wall of the unit.

Afterwards, Zhou's family took 36 owners to court together. They believe that the external wall of a building serves the whole building functionally, so it belongs to all the owners of the building. As the owner of the public part of the residential building, the owner has the obligation to maintain the building and ensure its safety. It is precisely because of the neglect of the management of the external wall of the building that the wall fell off and died last week, and 36 owners have an unshirkable responsibility.

After the trial, the court held that if the building fell off and caused damage to others, the owner and manager could not prove that they were innocent, they should bear tort liability. The width of the incident passage is about 1.4m, and there are no safety warning signs or traffic signs near the passage before the incident. Zhou was injured in normal walking, and there was no evidence to prove that he was at fault, which could not reduce the defendant's liability for compensation.

The defendant's reference to Unit 1 and Unit 2 is based on the number of stairs passing through the building, rather than the standard for distinguishing independent buildings. The residential building involved is an independent building. In this case, 36 defendants, as the owners or managers of the building, failed to fulfill their reasonable repair obligations to the wall of the building, resulting in the cement blocks on the external wall falling off and Zhou's death, and should bear civil liability for compensation.

The fault between the defendants cannot be distinguished, so they should be equally liable for compensation on the basis of 33 independent house numbers or property rights records. On this basis, the court ruled that 33 households compensated their families for 989,877.90 yuan, and each household was liable for compensation of 29,996.30 yuan.

Baidu Encyclopedia-People's Republic of China (PRC) Tort Liability Law

Baidu Encyclopedia-Measures for Quality Warranty of Housing Construction Projects