home page > legal knowledge > Damages > Falling objects > What are falling objects and what do they mean

What are falling objects and what do they mean

Skip the article directly Get professional interpretation?
Source: Legal Chart Compilation · 2024.02.19 · 12424 people have seen it
Introduction: Falling objects generally refer to the act of discarding or throwing objects from high places. Falling objects from high altitude is a very dangerous action, which often causes personal injury or property damage. Therefore, the person throwing objects from high altitude also needs to bear the corresponding tort liability. However, when no infringer can be found, unless it can be proved that it is not an infringer, all possible infringers will be liable.
What are falling objects and what do they mean

1、 What are falling objects and what do they mean

The falling off of buildings, structures or other facilities and their shelving and hanging objects is called falling objects. The falling objects mentioned here are mainly due to the hanging objects, outer building materials, defective decorations, shelving objects and other natural reasons (such as natural falling off, aging of supporting structures, earthquakes, strong winds and other natural disasters) of buildings, and do not include any subjective factors and personal will.

2、 What is the responsibility of falling objects?

According to the actual situation, there is no liability problem for falling objects from high altitude without any consequences. However, if an object falling from a height causes infringement, the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability 。 After the owner, manager or user has made compensation, if there are other responsible persons, they have the right to claim compensation from other responsible persons. In addition, if it is difficult to determine the specific infringer when throwing articles from buildings or falling articles from buildings cause damage to others, in addition to being able to prove that they are not infringers, the building user who may cause damage shall compensate.

Relevant laws and regulations: The People's Republic of China Tort Liability Law 》

Article 85 If a building, structure or other facility or its objects placed or suspended fall off or cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear the liability for infringement. After the owner, manager or user has made compensation, if there are other responsible persons, they have the right to claim compensation from other responsible persons.

Article 86 Where a building, structure or other facility collapses and causes damage to others, the construction unit and the construction unit shall Assume joint and several liability 。 After the construction unit or construction unit has made compensation, if there are other responsible persons, they have the right to claim compensation from other responsible persons.

If a building, structure or other facility collapses due to the reasons of other responsible persons and causes damage to others, the other responsible persons shall bear the tort liability.

Article 87 If it is difficult to determine the specific infringer when an article is thrown from a building or dropped from a building and causes damage to another person, the user of the building who may cause damage shall make compensation, unless he can prove that he is not the infringer.

After the infringement of falling objects, it is difficult to determine the actual infringer in most cases. At this time, according to the provisions of the Tort Liability Law, it is difficult to prove that they have not implemented Tortious conduct The victims need to be compensated. Because there may be multiple "building users who may cause harm", it is often these people who bear the share responsibility.

Site Map
Tips from LATU:
The Civil Code will come into force on January 1, 2021, and the Marriage Law, the Adoption Law, the Inheritance Law, the General Principles of the Civil Law, the General Principles of the Civil Law, the Tort Liability Law, the Guarantee Law, the Contract Law and the Property Law will be repealed simultaneously. If you are involved in the issues stipulated in the Civil Code# Click here #View! If you need help, you can# Consulting Lawyer of Legal Chart Network #
Extended reading:

more #Damages Relevant legal knowledge

more #Falling objects relevant

  • consultation Worried about falling objects, how to prevent falling objects
    2265 readings
  • Image & Text What does falling objects mean?
    What is the meaning of falling objects The falling off of buildings, structures or other facilities and their shelving and hanging objects is called falling objects. The falling objects mentioned here are mainly due to the hanging objects, outer building materials, defective decorations, shelving objects and other natural reasons (such as natural falling off, aging of supporting structures, earthquakes, strong winds and other natural disasters) of buildings, and do not include any subjective factors and personal will.
    2024-02-26 1089 readings
  • consultation Injured by falling objects. Who cares about falling objects
    19 readings
  • Image & Text What is the difference between throwing objects from high altitude and falling objects from high altitude?
    The difference between throwing objects from high altitude and falling objects: 1. The falling objects are not conscious of people, and nobody knows or can't control them when falling. They are often old building attachments. Parabolic is deliberately done by the perpetrator, which is controlled, or can prevent dangerous consequences. The significance of the distinction between throwing objects and falling objects is to consider the degree of liability when considering compensation liability. 2. In the case of falling objects, the relevant persons who cannot prove that they do not have infringement shall bear the liability for compensation. In the parabolic case, the relevant person who cannot prove that he or she does not have a tort is liable for compensation. Therefore, the size and amount of responsibility are quite different.
    2024-02-28 1109 readings
  • consultation My colleague dropped objects from high altitude. Ask him to kill people by falling objects from high altitude
    20 readings
  • Image & Text What is the crime of falling objects
    Crime of endangering public security by dangerous means: Whoever intentionally abandons objects from high altitude without causing serious consequences, but enough to endanger public security, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever intentionally abandons articles from high altitude, causing serious injury or death to a person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
    2024-02-28 972 readings
  • consultation My friend dropped objects from high altitude, please consult the building for falling objects from high altitude
    1015 readings
  • Image & Text What is the crime of falling objects?
    2、 Crime of intentional injury: to intentionally throw objects from high altitude in order to hurt specific persons, sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If serious injury is caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If death is caused, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. 3、 The crime of intentional homicide: to kill a specific person, intentionally discards objects from high altitude, and is sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
    2024-04-12 1174 readings
  • consultation My brother dropped objects from high altitude. Please consult the property law about falling objects from high altitude
    217 readings
  • Image & Text Does splashing water at high altitude count as falling objects
    Water splashing at high altitude is considered as falling objects. If an article thrown from a building or dropped from a building causes damage to another person, the infringer shall bear the liability for infringement according to law; If it is difficult to determine the specific infringer after investigation, in addition to proving that he is not the infringer, the building user who may cause harm shall compensate. After compensation, the user of the building that may cause harm has the right to claim compensation from the infringer.
    2024-03-01 1332 readings
Load more
Encounter falling objects?
More reliable handling by professional lawyers
Quick consultation

Damage compensation navigation

Personal infringement Consumer rights Public safety School tort Animals injure people Falling objects Transport damage Other infringements Defamation Rights and interests of women and children product quality property tort Enterprise infringement Tort law Infringement cases
View All