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What responsibility should I pursue for throwing cigarette butts upstairs?
Legal analysis
Throwing cigarette butts on it may cause serious situations such as fire, and you need to bear the liability for compensation. 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. If there is a high-altitude parabolic object, you need to bear tort liability, if it constitutes a criminal offence, you need to bear criminal liability, if it does not constitute a criminal offence, you need to bear civil liability for compensation. Because it is difficult to determine the specific infringer when determining the falling object, all building users should be liable for compensation without clear evidence to prove that they are not infringers. 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.
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.
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