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What floor should I pay for throwing objects at high altitude?
Article 1254 of the Civil Code prohibits throwing objects from buildings, if the responsibility for the damage caused by throwing or falling objects is unknown. 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.
According to this law, neighbors in the same building throw objects at pedestrians or vehicles outside. If it is not found out who caused the damage, in order to protect the victims, only the residents who may cause the damage can be held liable for compensation. On the one hand, this provision protects the rights of victims, on the other hand, it also implicates innocent people. However, if the residents are judged not to be responsible, then tens of thousands of medical expenses and disability subsidies will all fall on the victim, and his body, spirit and economy will be greatly hurt. If the responsibility of these households is investigated, each person will bear several thousand yuan. In other words, it should be the legislative intention of this article of the Civil Code to lose the big and avoid the big injustice.
Damage caused by throwing or falling objects in high-rise buildings refers to the tort of throwing or falling objects in buildings, and it is difficult to determine the specific infringer.
First, the characteristics of the liability for damage caused by throwing objects from high buildings:
1. Damage caused by falling objects from high buildings: damage caused by throwing objects from buildings; Objects falling from buildings can do harm to others.
2. Articles are thrown or dropped from high buildings, causing damage to others.
It is difficult to determine the specific infringer.
4. The particularity of the principle of imputation: the principle of fair liability is mainly adopted, and the principle of presumption of fault liability is adopted in special circumstances.
Second, the principle of liability for damage caused by throwing objects from high buildings: liability for compensation (generally not applicable to compensation for mental damage).
Third, the main body responsible for the damage caused by throwing objects and falling objects from high buildings: the user of the building who may cause the damage (presumed perpetrator).
1. The subject of responsibility is the user of the building: it refers to the actual user of the building (the owner, lessee, borrower and other users of the building) when the infringement occurs;
2. The responsible subject is the user of the building who may cause injury;
3. The responsible subject is the building user who can't prove that he is the infringer.
4. Exempt from liability for damage caused by throwing or falling objects from high buildings:
1. If you can prove that you are not a criminal, you will be exempted;
2. If the specific infringer can be identified, the others will be exempted.
In the case of damage caused by throwing objects, the party who may become the injurer needs to prove the following matters to be exempted from liability:
(1) He was not in the building when the damage occurred;
(2) prove that he does not own anything that causes damage;
(3) Prove that there is objectively no possibility of damage caused by throwing objects.
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