How to determine the legal responsibility of the flower pot on the balcony blown down by the wind

In accordance with the Tort Liability Act.

Article 85: Buildings, structures, or other facilities, as well as their shelves and hanging objects, fall off or fall, causing damage to others. Where the owner, manager, or user cannot prove that he or she is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

According to the relevanceLaws and Regulations Provisions: If a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Legal analysis In recent years, there have been frequent incidents of falling objects from high altitudes, smashing people and even causing deaths, which has become an undesirable phenomenon that cannot be ignored in today's society. However, due to the limited capacity of the criminal investigation department, it is often difficult to identify the perpetrator of a specific act in such cases. The verdicts of the courts vary from place to place.

Most of the verdicts have caused a lot of controversy and the media has rushed to report on them. For this, the focus is on how to prevent it in daily life, first of all, pay attention to warning signs and try to stay away from high-rise buildings. In daily walking, you must pay attention to your own safety.

If you want to avoid throwing objects from high altitudes, try to avoid staying under the upper floors. Pay attention to some of the facilities on the upper floors. If there is a wall peeling off or other phenomena on the high-rise, you must not approach it, so as not to fall and hurt yourself.

If an object falls from a height and hits a person, it will either kill or injure you, so you must protect yourself. Pay attention to warning signs during walking, and avoid walking on high-altitude projectile sections. At the same time, when walking under tall buildings, you should pay attention.

Avoid it in time when you hear some unusual noises. Property management service enterprises and other building managers shall take necessary safety and security measures to prevent the occurrence of prescribed circumstances; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.

Legal basis Civil Code of the People's Republic of China

Article 1253: Where buildings, structures, or other facilities, as well as their shelves or hanging objects, fall off or fall, causing harm to others, and the owner, manager, or user cannot prove that they are not at fault, they shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Whether you are at home or not, as the owner of the pot, you should be able to see the danger of the flower pot being blown down by the wind when it is placed on the balcony, so it is your responsibility to take precautions.

According to Article 126 of the General Principles of the Civil Law, if the shelving or hanging objects on a building fall and cause damage to others, the owner or manager shall bear civil liability. However, those who can prove that they are not at fault.

It can be seen that if the flower pot is blown down by the wind, if it causes damage to others, it is a special tort, and its owner or manager bears the presumption of fault liability. Liability can only be waived if the owner or manager can prove that he or she is not at fault and has fulfilled his duty of care, such as placing the flower pot in a proper and secure position.

The second floor argues that it is up to the victim to prove where the pot fell, the approximate extent of its owner or manager, and the extent of the damage. This is in line with the Civil Procedure Law, and I agree with it.

The reversal of the burden of proof refers to the burden of proof in special infringement cases where the law has made special provisions for certain legal facts and is different from that of ordinary infringement cases.

This is the case with the burden of proof in cases of infringement of shelving and hanging objects. It is up to the owner or manager to prove that he is not at fault, and the rest of the facts are proved by the injured party.

The victim has to prove that he was injured by a flower pot.

The rest of the burden of proof is reversed.