On The Liability For Compensation Upon Falling Objects Injuries

In recent years throwing/falling objects causing injury even death occurred frequently has become a bad phenomenon which shall not be ignored by the society. For these cases arising from falling objects, however, it is often hard to identify the infringer who has conduct the specific act, due to limited capacity of the criminal investigation authority. Judgments by courts from place to place differed from each other, most of which were that the neighboring people shall assume joint liability for compensation, which caused many debates and reported by media.After issuance and implementation of Tort Liability Law this year, however, people's doubts haven't been removed. Of which the provisions in regard to falling objects injuries, where the infringer conducting the specific act is unknown, still inherit those of General Rules of Civil Law—the fault assumption principle is adopted, i.e., inversion of onus probandi. In such case, the innocents other than the actual infringer can always be punished: after a falling objects injury happens, a dozen even scores of households in the confirmed building from which the object was thrown/fallen will bear the liability for compensation simply because they can not testify that they have not done something. This not only makes a group of innocent citizens jointly bear the responsibility of others, but drives the true infringer's trusting to luck as well, leaving such phenomena beyond control. Various circles of society have expressed their queries; some experts and scholars directly criticized it as evil law through newspapers, magazines or websites, creating considerable impact on the society.This article is to explore an ideal solution of settlement on the liability for compensation upon falling objects Injuries, with justice to the victim and to the society. Firstly, by analysis to legal principle, Article 87 of Tort Liability Law—the adoption of fault assumption principle is questioned. Secondly, in addition to interpretation of regulations and measures adopted by some countries and regions as well as analysis to several well known events of falling objects injuries, criminal cases are referenced to prove the point of view in this article. Thirdly, while taking into consideration the real situation of China, it suggests a solution that combines compensation by the property management company and the national relief. This approach not only enables effective compensation for the victim damaged by falling objects, but also motivates property management companies to enhance their level of safety and security. Meanwhile it urges the national authority or agency to develop effective regulations or take reasonable actions to avoid occurrence of such events.