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Why do all residents have to pay for the loss of the outer wall of residential buildings and the death of passers-by
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.
Article 87 If throwing objects or falling objects from buildings cause damage to others, and it is difficult to determine the specific infringer, the user of the building who may have caused the damage shall pay compensation in addition to proving that he is not the infringer.
Extended data:
The law applies the principle of inversion of burden of proof to the compensation for infringement damage caused by throwing objects and falling objects from high altitude, that is, if the owner or manager of falling objects can't prove that they are innocent and not infringers, they are regarded as the subject of infringement and should be liable for compensation. However, in the case that the specific perpetrator cannot be determined, as long as the infringed party proves that he was injured by throwing objects or falling objects on the building, he can obtain joint compensation from the building users who cannot rule out the suspected injury.
In addition, China's "Criminal Law" also stipulates that throwing objects or falling objects at high altitude causes personal injury or heavy property losses to others, which can constitute the crime of causing serious injury by negligence, the crime of causing death by negligence, the crime of intentional homicide or the crime of endangering public safety by dangerous means, and those who constitute the above crimes shall bear criminal responsibility according to law.
China People's Congress Network-People's Republic of China (PRC) Tort Liability Law
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