Study On Civil Liability Caused By Tossed Object From High Buildings

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 the fault assumption principle is adopted. 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 Unknown Tossed Object from High Buildings in the judicial practice has the following characteristics: First, the incident occurred frequently, but also has serious consequences and the third is involved in many numbers of persons. The forth is that there have not exactly the same verdict. These different verdicts are in accordance with the different legal bases, that’s not conducive to the applicable. 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 with five parts:First part describes by analysis to legal principle, Article87of Tort Liability Law-the adoption of fault assumption principle is questioned. Second part describes, 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 to prove the point of view in this article. Thirdly, the fault assumption principle is adopted. Forth part says about liability study of the Unknown Tossed Object from High Buildings. Part fifth is a solution for some of the recommendations for the Tort of Unknown Tossed Object from High Buildings, it certainly arms anumber of relevant provisions, but also points out some defects, after the evaluation of several Laws like Tort Liability Act. Secondly, the author introduced three ways of remedies for the Tort of Tossed Object from High Buildings. Finally the author puts forward some legislative proposals by summarizing the paper.