户外广告牌掉落谁的责任呢

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.

The responsibility for the billboard falling off lies with the owner, manager or user of the billboard.

According to Article 85 of the Tort Liability Law of the People's Republic of China, the owner, manager or user of a building, structure or other facility and its resting and suspended objects shall fall off or fall causing damage to others. If a person 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, the owner, manager or user shall have the right to recover compensation from the other responsible persons.

Article 86: If a building, structure or other facility collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability. After the construction unit or construction unit has made compensation, if there are other responsible persons, it has the right to recover compensation from other responsible persons.

If a building, structure or other facility collapses due to the fault of another responsible person and causes damage to others, the other responsible person shall bear tort liability.

Extended information

Specific cases

At about 22:00 on March 13, 2013, a thunderstorm occurred in Wuxu Town, Nanning City. Strong wind, hail, lightning and other weather conditions. Meng drove a car along the Airport Expre ssway toward Wuxu Airport.

On the way, a giant billboard was blown down and fell across the highway lane. Two lanes of a three-lane highway were occupied by the billboard. There were no warning signs on the road. Meng gave way. Unfortunately, the car crashed into a giant billboard, causing damage to the headlights, bumper and windshield.

The insurance company believes that the accident is not the fault of the car owner and driver, and does not fall within their scope of compensation. Unable to identify the owner of the billboard, Meng approached the Nanning Urban Management Bureau to negotiate compensation, but no agreement was reached. For this reason, on May 24, 2013, Meng sued the Nanning Urban Management Bureau to court, claiming a total of more than 75,000 yuan in damages including car repair fees, car rental fees, lost work expenses, etc.

Reference source: Baidu Encyclopedia - "Tort Liability Law of the People's Republic of China"

Reference source: People's Daily Online - Who should be held responsible for accidents caused by the collapse of outdoor billboards Responsibility

There are many billboards in the city. If the billboard falls due to strong wind and injures pedestrians, who should bear the responsibility? ?
Netizen consultation:
Excuse me, who bears the responsibility when a pedestrian is injured by a billboard?
Lawyer’s answer:
When a pedestrian is injured due to the collapse of a billboard, the liability is usually borne by the owner of the billboard.
When billboards are installed, their design, construction and quality should take into account local wind conditions to ensure they remain safe under normal wind changes. At the same time, billboard owners or managers need to perform regular maintenance inspections to pre vent potential hazards and pre vent them from accidentally falling or collapsing, thereby avoiding injury to pedestrians.
The installer, owner or manager of outdoor advertising is responsible for regular inspection and maintenance of advertising facilities to keep them in good and tidy condition. The mediator also reminded citizens that when encountering such incidents, they should immediately report to the police and retain evidence of infringement so that they can defend their rights reasonably and legally in the future.
The lawyer added:
1. When a billboard collapses and injures pedestrians, the owner of the billboard usually needs to bear responsibility. When installed, the design, construction and quality of billboards should take into account local wind conditions to ensure they remain safe during normal wind changes. At the same time, billboard owners or managers need to perform regular maintenance inspections to pre vent potential hazards and pre vent them from accidentally falling or collapsing, thereby avoiding injury to pedestrians.
2. The infringer needs to bear compensation liability to the victim, including reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, lost work expenses, disability compensation and other reasonable expenses.
3. If a billboard falls due to improper installation and causes injury to others, the victim can claim personal infringement compensation from the owner, management unit or user of the billboard. Specifically, one or more of these units are sued through the people's court at the place where the incident occurred, demanding compensation for infringement. The scope of compensation includes losses such as medical expenses, hospitalization meal subsidies, lost work expenses, nutrition expenses, appraisal fees, disability compensation and other losses. If disability is caused, disability living aid fees and disability compensation should also be included. The victim's relatives may also require the infringer to bear the expenses incurred by the victim's relatives in handling matters related to the victim. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover compensation from other responsible persons.
[Laws and Regulations]
"Civil Code of the People's Republic of China"
Article 1,252 If a building, structure or other facility collapses or collapses and causes damage to others, the construction unit shall Bear joint and several liability with the construction unit, except where the construction unit and the construction unit can prove that there are no quality defects. After the construction unit or construction unit has made compensation, if there are other responsible persons, it has the right to recover compensation from other responsible persons.
If the collapse or collapse of a building, structure or other facility causes damage to others due to the fault of the owner, manager, user or third party, the owner, manager, user or third party shall bear the tort responsibility.
Article 1,253 If a building, structure or other facility and its resting and hanging objects fall off or fall causing damage to others, and the owner, manager or user cannot prove that he or she is not at fault, Should 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.