How to be responsible for falling objects?

1、 How to be responsible for falling objects?

In the case of damage caused by falling objects from high altitude, "proving that you are not the infringer" is not a presumption of whether the parties are subjectively at fault, but a presumption of Tortious conduct The presumption of causality between itself and the fact of damage cannot be confused with the subjective aspects of the parties. The principle of liability fixation in the case of damage caused by falling objects from height should be the principle of no fault. nothing Principle of fault liability It means that "based on the special provisions of the law, the perpetrator should also bear the damage caused by his act without fault civil liability 。” The adoption of the no fault principle in the case of falling objects from high altitude is conducive to protecting the rights and interests of victims and promoting the smooth development of the case. Although innocent owners may be involved litigation However, the actions of other owners can better and faster promote the progress of the case and help to find the perpetrators in a timely manner. Other owners do not directly compensate the victims, but only assume compensation liability when they cannot prove that they are not infringers. They can find the perpetrator by actively looking for clues, or evidence To prove that he is not at the scene or that the falling object has nothing to do with himself is exempted from liability. The principle of no fault liability is based on the basic idea of "it is the reasonable distribution of unfortunate damage", which is《 Civil Code 》The spiritual connotation embodied in Article 1254 also provides the basis for the allocation of responsibilities in Article 1254.

Therefore, it can be seen from the above that if a falling object hurts people, it should be applicable Fault liability The principle of liability fixation.

2、 Falling objects Burden of proof Who bears the responsibility

Article 1253 of the Civil Code stipulates: "If a building, structure or other facility and its shelving or hanging objects fall off or fall, causing damage to others, the owner, manager or user shall bear tort liability 。 After the owner, manager or user has made compensation, if there are other responsible persons, they shall have the right to claim compensation from the other responsible persons. "

Article 1252 of the Civil Code stipulates: "If 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 tort liability. "

Article 1254 of the Civil Code stipulates: "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 others, the user of the building that may cause damage shall compensate him, unless he can prove that he is not the infringer."

It can be seen from this that the burden of proof is reversed in tort cases involving objects falling from high altitude. The burden of proof of falling objects is borne by the perpetrator, that is, the burden of proof is borne by the defendant. Such provisions are more in line with the principle of fairness and are conducive to finding the real responsible person.

3、 Falling objects Spiritual compensation standard

Mental damage The consolation money is the physical pain or bodily injury caused to the victim due to the infringer's infringement permanent disability At the same time of death, it is an economic compensation method that causes mental pain and trauma to the victim or the victim's close relatives. The specific amount of consolation for mental damage shall be decided by the court according to the actual situation.

Injuries caused by falling objects Compensation standard Yes, according to Personal injury compensation If the standard is used to bear the liability for compensation, the liability is different according to the injury of the victim. The heavier the injury, the heavier the liability for compensation.

Falling objects from high altitude is a terrible thing. It can be learned from news reports that people often die because of falling objects from high altitude, which will undoubtedly have a huge impact on the victim's family. In practical life, we should also advocate civilized life, develop good habits, and not drop objects from high altitude. When we find that others have fallen objects from high altitude, we should also actively remind each other, so as to reduce the occurrence of injury events and create a harmonious and beautiful social relationship.