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Chapter 472 Infringement Disputes over Falling Objects (2)

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    ? Adopting the principle of inversion of the burden of proof in cases of falling objects from heights is conducive to protecting the rights and interests of victims and promoting the smooth development of the case.  Although innocent owners will be involved in the lawsuit, the actions of other owners can promote the progress of the case better and faster, and help to find the perpetrator in time.

    Other owners do not directly compensate the victims, but only assume the compensation responsibility when they cannot prove that they are not the infringers.  They can avoid liability by actively looking for clues to discover the perpetrator, or by using evidence to prove that they were not at the scene at the time or that the falling object had nothing to do with them.

    In addition, the serious consequences of high-altitude throwing in causing personal casualties and heavy property losses, as well as the apparent maliciousness of the high-altitude throwing person, may involve the issue of crime and criminal responsibility.  The corresponding charges mainly include: the crime of intentional homicide, the crime of intentional injury, and the crime of endangering public safety by dangerous methods.

    3. Reasons for exemption from liability for damage caused by objects thrown or fallen from high buildings:

    Article 85 of the "Tort Liability Law" stipulates: "Where the building, structure or other facility and its placed or suspended objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault,  Should bear the tort liability.

    After the owner, manager or user has made compensation, if there are other responsible persons, they have the right to seek compensation from the other responsible persons.  "

    ? Tort Liability Law? Article 87 stipulates: "If an object thrown from a building or an object falling from a building causes damage to others, and it is difficult to determine the specific infringer, unless he can prove that he is not the infringer, he may  The building user who caused the damage shall be compensated."

    The building user can determine whether to exempt the party from liability through the following points.

    1. If the specific infringer is determined, the tort liability shall be borne by the specific infringer.

    2. Provide evidence to prove that you are not the infringer.  It is possible that the infringer can produce evidence to prove that he could not be in the building or that the injuring object could not belong to himself when the tort occurred, so that he can be exempted from liability in terms of time or objective aspects.

    3. Force majeure.  Article 29 of the "Tort Liability Law" stipulates that no liability shall be assumed for damage caused to others due to force majeure.

    Therefore, in the event of natural disasters such as earthquakes and typhoons, if an object falls due to irresistible force, even if the owner of the falling object is found out, he will not be held liable. If the specific infringer cannot be identified, the possible damages should be exempted.  Responsibilities of building users.

    Potential criminal liability for parabolic falling objects:

    Article 114 of the "Criminal Law": [Crime of Endangering Public Safety by Dangerous Means] Arson, breach of dike, explosion, release of poisonous, radioactive, infectious disease pathogens and other substances, or other dangerous means that endanger public safety, have not yet caused serious  Consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

    Article 115 [Crime of Endangering Public Safety by Dangerous Means] Arson, breach of dike, explosion, release of toxic, radioactive, infectious disease pathogens and other substances, or other dangerous means that cause serious injury or death to persons or cause serious damage to public or private property.  losses, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

    Article 233 [Crime of Negligence Causing Death] Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years.  Where this Law provides otherwise, the provisions shall prevail.  (Remember the site URL: www.hlnovel.com
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