In recent years, cases of casualties caused by falling objects from high altitude have continued to appear in newspapers, and the parabolic phenomenon at high altitudes has been called the â€œpain over the cityâ€, which has brought great difficulties to urban management.
In recent days, there was an incident of falling dogs in Guangzhou. The woman was injured by a bruise and she is still being treated in a hospital. Searching with â€œfalling objectsâ€, news has recently been published all over the country.
How dangerous are falling objects?
With the rapid development of our countryâ€™s economy, every household lives in a residential area in the city. Everyone knows that things that are too high to be dropped on a community floor will hurt passers-by, plus the lack of commercial high-rise billboards, neon signs, and decorative objects. Scientific installations can easily be blown off or scraped when a wind blows. Inadvertently, it can lead to falling objects and injuries.
Not only are large items such as flower pots and billboards, many small objects appear to be inconspicuous. Once they are released at high altitudes, the resulting energy cannot be overlooked. A 30- g egg thrown from the 4th floor will make people swell up. Dropping it from the 8th floor can cause the scalp to break. You can throw the skull down from the 18th floor and drop it from the 25th floor to make it on the spot. death.
Physics experiments showed: 10 F lethality comparable shooting pots falling; kinetic acceleration of gravity = mass Ã— Ã— height pot floor; 1 kg Ã— 9.8 m / s Ã— 30 yards = 294 joules; 5.45 mm small-caliber rifle bullets The energy delivered to the target was 228.3 joules.
Lawyer: It is difficult to determine the specific infringer
Be held responsible by the owner or manager of the falling object
Who should pay for accidents at high altitude? Sun Wenjie, lawyer of Yunnan Lingyun Law Firm, said that the Tort Liability Act clearly stipulates that there are two situations in which the buildings, structures or other facilities and their shelving and hanging objects fall off or fall and cause damage to others.
If the infringer can be determined, the infringer shall bear the tort liability directly. However, the system of burden of proof for different general â€œwho advocates and who certifiesâ€ can not prove that they are not owned by owners, managers, or users of buildings, structures, or other facilities and their suspensions or suspensions during the accident of falling objects in high altitude. If they are at fault, they should assume tort liability.
Where it is difficult to determine a specific infringer, compensation should be given to all building users who may injure according to the actual situation and reasonable inference. The exception is to be able to prove that they are not infringers. In other words, the civil liability for damage caused by falling objects in the community is borne by the owner or the manager of the falling object. If the owner or manager is not clear, the owners or managers of the building shall bear joint and several liabilities, but Except to prove that he is not at fault.
How to deal with falling objects?
Falling objects at high altitude has become one of the city's major security risks, threatening people's lives and property at any time. The lessons of blood tell us once again that the management of falling objects at high altitude is a matter of no delay.
First of all, the street communities should vigorously advocate the construction of socialist spiritual civilization, create a good atmosphere for community life, and make the general public aware of the dangers of high altitude parabolic activities;
Secondly, the community management department must increase daily monitoring and inspection efforts to detect hidden dangers in time, and conditional communities should be equipped with monitoring;
In addition, the community should work with the police station to carry out special campaigns to increase the deterrence of the parabolic performers. In short, through multiple governance, the community is also a safe, civilized and harmonious living environment. â€
There are five ways to avoid accidents caused by high-altitude falling objects:
Property companies should take responsibility for inspecting the facades of buildings and spreading legal knowledge to all owners.
The grass-roots organizations such as residents' committees and other organizations should carry out warning education in order to inform that high-altitude parabolic activities may also violate the law in addition to being uncivilized.
Promptly set up warning measures in areas where falling objects are high, reminding owners and pedestrians to pay attention to safety;
Set up more monitoring facilities to reduce the cost of proof;
Special education for minors, educating them to care for the environment, cherish their lives, and remind them to pay attention to safety.
In the dispute of high-altitude falling objects causing damage to people, the system of â€œfalling from heights and falling into objectsâ€ is mainly due to the consideration of relieving victims; on the other hand, it urges building users to be vigilant in daily life, aiming at existence. The risks are evasive, and the corresponding custodial, maintenance, and attention obligations are fulfilled.
We must treat zero-tolerance for falling objects. In addition to perfecting the legal system and strengthening the public safety infrastructure, each of us should have a sense of city ownership, start with self-discipline, and supervise and persuade others. Roots prevent the occurrence of high altitude parabolic events.
This article is reproduced from the China Security Industry Association.
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