What if people upstairs throw rubbish from the balcony?

People upstairs throw rubbish downstairs because they throw things at high altitude. If someone is found throwing objects at high altitude, which infringes on your rights and interests, you can sue the parabolic objects at high altitude according to the Tort Liability Law. The Tort Liability Law stipulates the sharing of parabolic liability at high altitude:

On February 26th, 2009, the National People's Congress Standing Committee (NPCSC) passed the Tort Liability Law of People's Republic of China (PRC), and decided that relevant laws and regulations would come into force on July 26th, 20 10. Among them, Article 87: If a throwing object or falling object from a building causes damage to others and it is difficult to determine the specific infringer, the user of the building who may have caused the damage shall make compensation, unless he can prove that he is not the infringer. 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 Tort Liability Law to lose big by small and avoid big injustice.

According to the national property law and other regulations, it is illegal to throw objects at high altitude. In this case, you should first report to the property management company where the community is located. In case of throwing objects at high altitude, causing property and personal injury, the property management company is not without any responsibility, but under certain conditions, it must bear certain liability for compensation. Because the property management company has the responsibility to manage the public order of the community or maintain the regional order. Parabolic objects at high altitude are acts that undermine public order and endanger public safety. Trying to stop them should be one of the responsibilities of the property management company. According to laws and regulations, if the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law!

2 Other terms and conditions

Liability for damage caused by throwing objects and falling objects in high-rise buildings

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.