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Property laws and regulations for parabolic objects at high altitude
I. Laws and regulations on parabolic objects at high altitude
The legal provisions for throwing objects at high altitude are as follows: Article 1254 of the Civil Code 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.
Second, what is the principle of fault liability identification for falling objects from high altitude?
The principle of fault liability determination for falling objects from high altitude is the principle of fault presumption. Theoretically, the owner or manager of the whole building has the obligation to ensure the safety of its surrounding environment, which is similar to the obligation of people to maintain good social customs. This is the principle of presumption of fault. Falling objects on the building cause damage to others, that is, one or several owners of the building intentionally or negligently damage the interests of others when exercising their ownership of the building, and the owner or manager of the building shall be jointly and severally liable for the damage caused. When exercising property ownership, the owner shall not infringe upon or damage the public interests or the legitimate interests of others.
Third, how to compensate for parabolic injuries at high altitude?
If throwing objects from high altitude infringes on others without causing disability, it shall compensate for the medical expenses and income reduced due to missed work. Medical expenses generally include medical expenses, treatment expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc. If the infringer causes disability, he shall not only bear all the expenses such as medical expenses and lost time, but also compensate the disabled person for his living allowance, self-help expenses, disability compensation, and the necessary living expenses of the person who was actually supported by the disabled person before his disability. Zhaofa. Com reminds you that buildings or other facilities, as well as shelving and hanging objects on buildings collapse and fall off, cause personal injury to others. If the owner or manager cannot prove his innocence, he shall be ordered to bear civil liability.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 1254
People's Republic of China (PRC) Civil Code
Article 1254
, its content is:
It is forbidden to throw 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.
Legal basis:
civil law
It is forbidden to throw 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.
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