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Billboard fell down during typhoon

发布时间:2024-09-22 06:17:58 作者:尤叔越
1、Who is responsible if a typhoon blows down a billboard?

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.

2、Who is responsible for the billboard that was just made blown away by the typhoon?
According to the "Advertising Law of the People's Republic of China", if an installed billboard is injured or suffers losses due to accidental fall, the advertiser, maintainer and manufacturer shall jointly bear the responsibility.
If you just want to know who should pay compensation if the billboard is blown away, it depends on whether the designer's design complies with the local billboard management regulations and whether the producer has designed according to the design requirements.