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Are tenants responsible for throwing objects at heights?

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Are tenants responsible for throwing objects at heights?


        

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  • 2024-06-06 06:00:49

    First of all, the principle of liability fixation for throwing objects at heights: if objects thrown from buildings or objects falling from buildings cause damage to others, the infringer shall bear the tort liability 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.

    Secondly, based on the above principles, if the tenant is a certain actor, that is, the tenant is the actor who throws articles from the building or causes damage to others by falling articles from the building, he should naturally bear legal liability

    Thirdly, if the tenant is not the perpetrator, and can prove that he is not the actual user of the house at the time of the accident, and can be excluded from the range of building users that may cause harm, the tenant will not be liable

    Finally, if the above fails to exclude the possibility of tenants, then the tenants should bear the responsibility.

    [Legal Basis]

    Article 1254 of the Civil Code of the People's Republic of China prohibits throwing articles from buildings. 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.

    l***

    2024-06-06 06:00:49

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