billboard falling
⒈Who will be held responsible if a billboard falls off and injures pedestrians?
Outdoor advertising signs are all over the streets and alleys of Guangzhou. Some are supported by metal brackets and stand high on the roof of the building, while others are suspended. On the building's exterior wall. A billboard custom-made by a merchant suddenly fell and injured a passerby. Who will "pay" for the victim's loss?
Netizen consultation:
Who will be held responsible if a billboard falls off and injures pedestrians?
Lawyer’s answer:
If a building, structure or other facility and its resting and hanging objects fall off or cause damage to others, and the owner, manager or user cannot prove that they are not at fault, they shall bear the responsibility. Liability for tort. After the owner, manager or user makes compensation, if there are other responsible persons, the owner, manager or user shall have the right to recover compensation from the other responsible persons.
If the outdoor advertising itself does not meet the technical standards, or there are quality problems during construction and installation, or the daily maintenance is insufficient, causing the billboard to collapse or fall, the owner and manager of the billboard must bear the actual responsibility. Considerable financial compensation for the loss. If the billboard itself complies, it is entirely due to wind forces exceeding normal design capabilities. In this case, although the victim can also claim compensation from the owner and manager of the billboard, he or she can only claim part of the loss, and both parties should bear part of the loss.
Lawyer added:
Those who infringe upon others and cause personal damage shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment and recovery, as well as the loss due to missed work. income. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated. If the property of others is infringed upon, the property losses shall be calculated according to the market price at the time of the loss or other reasonable methods.
As owners and managers of items, we should be vigilant, attach great importance to safety, perform regular maintenance and other obligations, and keep outdoor advertising facilities in good condition and clean to pre vent falling accidents. At the same time, passing citizens should also pay attention to travel safety. When going out in strong winds and rains, they should stay away from some trees and old public facilities to pre vent them from breaking under the action of strong winds and causing harm to people.
【Legal Basis】
《Civil Code of the People's Republic of China》
Article 1253 Buildings, structures or other facilities and their resting and hanging objects fall off or fall If the owner, manager or user cannot prove that he or she is not at fault for causing damage to others, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, the owner, manager or user shall have the right to recover compensation from the other responsible persons.
Netizen consultation:
Who will be held responsible if a billboard falls off and injures pedestrians?
Lawyer’s answer:
If a building, structure or other facility and its resting and hanging objects fall off or cause damage to others, and the owner, manager or user cannot prove that they are not at fault, they shall bear the responsibility. Liability for tort. After the owner, manager or user makes compensation, if there are other responsible persons, the owner, manager or user shall have the right to recover compensation from the other responsible persons.
If the outdoor advertising itself does not meet the technical standards, or there are quality problems during construction and installation, or the daily maintenance is insufficient, causing the billboard to collapse or fall, the owner and manager of the billboard must bear the actual responsibility. Considerable financial compensation for the loss. If the billboard itself complies, it is entirely due to wind forces exceeding normal design capabilities. In this case, although the victim can also claim compensation from the owner and manager of the billboard, he or she can only claim part of the loss, and both parties should bear part of the loss.
Lawyer added:
Those who infringe upon others and cause personal damage shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment and recovery, as well as the loss due to missed work. income. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated. If the property of others is infringed upon, the property losses shall be calculated according to the market price at the time of the loss or other reasonable methods.
As owners and managers of items, we should be vigilant, attach great importance to safety, perform regular maintenance and other obligations, and keep outdoor advertising facilities in good condition and clean to pre vent falling accidents. At the same time, passing citizens should also pay attention to travel safety. When going out in strong winds and rains, they should stay away from some trees and old public facilities to pre vent them from breaking under the action of strong winds and causing harm to people.
【Legal Basis】
《Civil Code of the People's Republic of China》
Article 1253 Buildings, structures or other facilities and their resting and hanging objects fall off or fall If the owner, manager or user cannot prove that he or she is not at fault for causing damage to others, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, the owner, manager or user shall have the right to recover compensation from the other responsible persons.