Is it illegal to throw objects at high altitude?

Parabolic objects at high altitude are a special tort liability, including building throwing objects and falling objects. Generally speaking, it is difficult to determine who caused them or who abandoned them. In order to protect the victims, the law stipulates the liability for damage caused by high-altitude parabolic objects. ?

1, responsible subject?

(1) The actual users of the building at the time of the infringement, including the owners, lessees, borrowers and other users of the building; ?

(2) the implementer of parabolic behavior at high altitude; ?

(3) Building users who cannot prove that they are infringers cannot be excluded. ?

2. Calculation of compensation?

Compensation for damage caused by throwing objects from high altitude generally does not include compensation for mental damage. If the principle of compensation is applied, how much compensation is obtained according to the actual loss. The victim can't get extra income because of the loss. ?

3. What is the exemption from liability for damage caused by throwing high-rise buildings?

(1) can prove that he is not an offender; ?

(2) If the specific infringer can be identified, others will be exempted from liability. ?

4. How to prove that you are not an offender?

(1) He was not in the building when the damage occurred; ?

(2) Prove that you didn't possess the thing that caused the damage; ?

(3) Prove that there is objectively no possibility of damage caused by throwing objects. ?

Article 87 of the Tort Liability Law of People's Republic of China (PRC) stipulates that if an object thrown or falling from a building causes damage to others, and it is difficult to determine the specific infringer, the user of the building who may cause the damage shall make compensation, except that he can prove that he is not an infringer. ?

Extended data:

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Case?

1On the afternoon of October 20th, in Building 20 1 1, Century Longcheng Community, Hanyang District, Wuhan City, a concrete block falling from the sky hit a 44-day-old baby Xinyi downstairs, causing grade 7 disability, leaving serious sequelae such as brain atrophy, limb hemiplegia and skull defect. ?

Unable to find the perpetrator, in July this year, the parents of the baby sued 1 1 Building 128 households. On June 1 10, the Hanyang District Court of Wuhan City, Hubei Province made a first-instance judgment on this case, and decided that the owners of 80 buildings involved should compensate the plaintiff. ?

In the 34-page judgment provided by the judge in this case, the defendant information accounted for more than half. These defendants are the owners of Unit 2, Building 1 1, Century Longcheng Community, Hanyang District, Wuhan. Some of them hold one household, and some hold multiple households. According to the principle of 4079.94 compensation for one household, * * * compensated the plaintiff for more than 395,000 yuan. ?

Most households are very excited about the need to share the compensation of 395,000 yuan. In the face of residents' reaction, Xinyi's father said that he would eventually respect the legal judgment. ?

Are the 80 owners of "Julian" baby girl disabled by CCTV throwing objects at high altitude?

Baidu Encyclopedia-Tort Liability Law