The Tort Liability Of Objects Thrown Off Buildings

Recently, the legal disputes, which are resulted by the construction waste, continue to occur. As the outburst of these cases, it's difficult to identify the real offenders. Though there are clear provisions in the law, controversies still exist. How to balance between the victims and the legitimate right of the innocent residents of such cases is to be solved. Difficult problems of cases caused by the construction waste concentrate on three areas: First, claim basis."Tort Law", in which section 87 of the theoretical basis for that? Second, the allocation of tort liability. Why Tort liability in such cases should be shared by the owners of the relevant? Third, the allocation of the burden of proof. Burden of proof in such cases the general principle should be applied, or inversion of the burden of proof should be applied?This article will focus on these three issues, to explore these cases in tort for the possibility to find a solution. By analyzing the infringement of construction waste, I think, if the real perpetrators cannot be determined, owners who doesn't impliment any damage do not assume the responsibility for substitute. In this case, the victim can not get relief from the tort. This paper argues that as the aid function of tort law is limited, various commercial insurance-based system, a wide range of social compensation and social supervision help to meet the interests of the victim compensation.The government should improve the relevant system, so that victims of such cases can obtaine some relief from the insurance benefits. In addition, in view of the multiplicity of such cases, I think, the department concerned should also take positive measures to reduce the incidence of such accidents.