Suspension characteristics

Do not need to bear the corresponding civil liability.

Falling objects from high altitude is a personal illegal act, and the parabolic person or parabolic building group shall bear the civil liability for compensation in the legal sense. Does not belong to the scope of property management, property companies do not need to prove whether they are at fault. Property companies can prove the legal obligations and contractual obligations of property management. Fully cooperate with the owner to solve this matter, which is what the property company should do.

To this end, the property management department can take the following measures for high-altitude parabolic and injury accidents:

1. When the property management company carries out aerial work such as aerial maintenance and external wall cleaning, it shall take protective measures to prevent the articles from falling carelessly. During the operation, signs should be set to remind passers-by to bypass or arrange special personnel to guide pedestrians.

2. At ordinary times, the property management company should do a good job in the inspection and daily maintenance of the external wall of the building, so as to avoid the damage to the owner caused by the falling of the external wall skin, glass, windows and other facilities in public areas.

3. In daily work, publicity and education should be carried out in various forms to make residents realize that throwing objects at high altitude is immoral and uncivilized, improve the quality of residents, and fundamentally put an end to throwing objects at high altitude.

Extended data:

Tort damages refer to the way of civil liability that the actor should bear according to law in order to pay money or kind because of the property, personal and mental damage of others caused by tort. Tort damages are the most common and frequent way of civil liability.

Due to the complexity of its content, it can be said that compensation for damages is a legal system composed of compensation principles, compensation scope and compensation methods.

kind

1, property loss

2. Compensation for damages for infringement of intellectual property rights

3. Compensation for damages of personality right.

4. Personal injury compensation

trait

1, the way to bear the liability for damages is based on the premise of causing property or personal injury to others.

Among various forms of responsibility, the responsibility of stopping infringement, removing obstruction and eliminating influence cannot be based on the premise of actually causing property or personal injury to others. As long as the victim's property, personal or other rights are infringed, endangered or hindered, the perpetrator can be required to bear these responsibilities;

The responsibility of returning property, restoring it to its original state, repairing, redoing and replacing it is only based on the premise that the property is infringed; The responsibility of eliminating influence, restoring reputation and apologizing is usually based on infringement of personal rights or intellectual property rights.

The liability for damages can be assumed on the premise that the property of others is damaged, and it can also be assumed on the premise that others are personally damaged.

2. The content of damages is to pay money or kind.

In other forms of liability, the infringer does not have the problem of paying money to the victim; Even if it is paid in kind, the property should belong to the infringer. In the form of responsibility for returning property, the property returned by the infringer to the victim was originally owned or managed by the victim.

3. The liability for damages is limited by various factors.

Other forms of responsibility are relatively simple and easy to operate when actually undertaking. However, the liability for damages is more complicated in actual undertaking and is usually affected by various factors.

For example, we should consider the scope of compensation, the calculation of compensation amount, the economic situation of the infringer and the victim, and punitive damages in intentional infringement, such as the provisions of Article 49 of the Consumer Protection Law.

References:

Baidu Encyclopedia-Compensation for Infringement Damage