Do residents throw noodles, rice grains and other things that can't be killed downstairs on the balcony upstairs to seek legal help?

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 analysis

In general, throwing things down on the second floor and above belongs to parabolic behavior at high altitude. Of course, if there is only one floor, the building on that floor will be exceptionally high, which is also a parabolic behavior at high altitude. Set two conditions. Therefore, high-altitude parabolic objects can not be clearly said to be more than a few stories, belonging to high-altitude parabolic objects. It should be considered that throwing objects from high altitude belongs to high altitude parabolic behavior. In recent years, cases of throwing objects and falling objects from high altitude have occurred from time to time, ranging from damaging public and private property to endangering public safety, causing casualties and seriously disrupting social order. As an important means of social governance system, law is also difficult to effectively deal with high-altitude parabolic cases with frequent and complicated practices. Cases of throwing objects at high altitude endangering public safety. In terms of behavior, throwing objects from high altitude is a non-contact crime, but under special circumstances, its possible social harm cannot be underestimated. The usual parabolic behavior at high altitude cannot lead to the specific danger of casualties of most people or unspecified people, but it does not rule out the possibility of endangering public safety. Although what is "public safety" is still controversial in academic circles, traditionally speaking, public safety is not specific to the life and personal safety of most people. At present, there is still a view that public safety should not be specific and the life and personal safety of most people.

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.