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- ゃōゃWho is responsible if a typhoon blows down a billboard?
- ˙▂˙Who is responsible if a billboard is knocked down by a typhoon, injuring people or damaging property?
- ╯▂╰A billboard for an Internet cafe fell down and hit a car due to a typhoon. Can I ask for compensation from the Internet cafe?
Legal analysis: According to the relevant laws of our country, if a typhoon blows down a billboard and hits others, it is generally caused by force majeure. does not bear legal liability, but if the billboard manager has obvious fault, the manager shall bear the responsibility.
Legal basis: "Civil Code of the People's Republic of China"
Article 590 If a party is unable to perform the contract due to force majeure, it shall be partially or completely exempted from liability based on the impact of force majeure. However, unless otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate possible losses to the other party, and proof shall be provided within a reasonable period.
If force majeure occurs after a party delays performance, its liability for breach of contract will not be exempted.
Article 1,253 If a building, structure or other facility and its objects on which it is placed or suspended fall off or fall causing damage to others, the owner, manager or user cannot prove that he or she has not Those who are at fault 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.
Legal basis: Article 1253 of the Civil Code of the People's Republic of China stipulates that if the detachment or fall of a building, structure or other facility causes damage to others, the owner, manager or If the user fails to prove that he is not at fault, he will be liable for infringement. After compensation for losses, if there are other responsible persons, the owner, manager or user has the right to recover compensation from these responsible persons.
Legal analysis: Yes. As the owner, manager and user of the billboard involved in the case, the Internet cafe failed to maintain and reinforce the billboard during the typhoon and should be liable for damages. If the car owner buys vehicle damage insurance, it is recommended that the car owner call the police first, fix the evidence, and then file a claim with the insurance company. After the insurance company settles the claim, it can then pursue compensation from the responsible person in accordance with the law.
Legal basis: Article 1253 of the Civil Code of the People's Republic of China If a building, structure or other facility and its resting or hanging objects fall off or fall causing damage to others, If the owner, manager or user cannot prove that they are not at fault, they shall bear infringement 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.