Case Zhang, who lives on the fourth floor, placed a pot of flowers on the balcony

1. The principle of presumption of fault shall be applied.

Zhang is the owner and manager of the flower pot, and has the responsibility to manage the flower pot, and he should ensure that the flower pot does not harm others.

In this case, Zhang was obviously negligent in the management of the flower pots, causing harm to others, and was at fault for the occurrence of this case. According to Article 126 of the General Principles of the Civil Law, unless Zhang can prove that he is not at fault, he needs to bear civil liability for compensation.

Under the following circumstances, it may be determined that Zhang is not at fault:

1) Due to force majeure, such as earthquakes, etc., the flower pot falls. However, falling due to wind blowing is not a force majeure, because blowing is a very common natural phenomenon, easy to foresee, and can be avoided.

2) The fall of the pot was caused by the victim's own actions. Even if the flower pot is caused by a third party, Zhang must bear joint and several liability.

2. Zhang should be compensated.

In fact, this question is a continuation of the first one. Zhang is responsible for the fall of the flower pot, and of course needs to compensate the victim.

Here's the answer:

1. According to Article 126 of the General Principles of the Civil Law, the principle of imputation of responsibility in this case is "presumption of fault". That is, the first version of the damage is considered to be the right of fault, but this kind of fault allows the actor to prove the overturn, which is the principle of presumption of fault.

2. Zhang should be compensated: medical expenses, nursing expenses, hospital meal subsidies, transportation expenses, nutrition expenses, lost work expenses, and mental loss expenses; Disability benefits are also paid in case of disability.

Article 126 of the Civil Law: Where buildings or other facilities, as well as shelving or hanging objects on buildings, collapse, fall off, or fall, causing damage to others, their owners or managers shall bear civil liability, except where they can prove that they are not at fault.

So Zhang should be compensated.

The principle of fault liability should be compensated, Zhang knew that the wind was strong on this day, and he should take the flower pot into the house or take other preventive measures to cause the accident!