路边广告牌砸了找谁赔偿
ˇ０ˇWho is responsible if a billboard falls and hits someone?
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.
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.
A person who is injured by an advertising π can negotiate the amount of compensation with the company that owns the billboard, the business unit and the company that uses the billboard. If the negotiation is not consistent, then you can File a lawsuit in court and the court will make a decision.
The specifics are as follows:
1. If a building, structure or other facility and its placed or suspended objects fall off or fall causing damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear the responsibility. Liability for tort;
2. If a billboard is improperly placed and falls, causing personal injury to another person, you can claim personal infringement compensation from the company to which the billboard belongs, the management unit and the company using it. Specifically, the victim can claim compensation for personal infringement through the people of the place where the incident occurred. The court sued the above two companies or one company for infringement compensation;
3. The scope of compensation includes medical expenses, hospitalization meal subsidies, lost wages, nutrition expenses, appraisal fees, disability compensation, and if disability is caused, Losses such as the cost of disabled living aids and disability compensation should be compensated. The injured person's relatives can also be required to bear the expenses incurred by relatives of the injured person in handling matters related to the injured person. 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.
Liability for persons injured by billboards:
1. If a person is injured by a billboard because it collapses, caves in, or falls off or falls, causing damage to others, the owner, manager or user shall be responsible for the injury. The landlord shall bear tort liability if he cannot prove that he is not at fault;
2. The landlord signs a contract with the tenant to obtain income, is the manager of the store and advertising door, and is responsible for compensation;
3. The shop owner, as a store The actual operator who uses the advertising door for advertising is the actual user and should also bear corresponding responsibilities.
Legal basis: Article 1252 of the Civil Code of the People's Republic of China
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. However, this is excepted if the construction unit and 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 tort liability .
Article 1,253
If a building, structure or other facility and its resting and hanging objects fall off or fall causing damage to others, the owner, manager or user cannot prove that he or she is not at fault. , 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.
The specifics are as follows:
1. If a building, structure or other facility and its placed or suspended objects fall off or fall causing damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear the responsibility. Liability for tort;
2. If a billboard is improperly placed and falls, causing personal injury to another person, you can claim personal infringement compensation from the company to which the billboard belongs, the management unit and the company using it. Specifically, the victim can claim compensation for personal infringement through the people of the place where the incident occurred. The court sued the above two companies or one company for infringement compensation;
3. The scope of compensation includes medical expenses, hospitalization meal subsidies, lost wages, nutrition expenses, appraisal fees, disability compensation, and if disability is caused, Losses such as the cost of disabled living aids and disability compensation should be compensated. The injured person's relatives can also be required to bear the expenses incurred by relatives of the injured person in handling matters related to the injured person. 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.
Liability for persons injured by billboards:
1. If a person is injured by a billboard because it collapses, caves in, or falls off or falls, causing damage to others, the owner, manager or user shall be responsible for the injury. The landlord shall bear tort liability if he cannot prove that he is not at fault;
2. The landlord signs a contract with the tenant to obtain income, is the manager of the store and advertising door, and is responsible for compensation;
3. The shop owner, as a store The actual operator who uses the advertising door for advertising is the actual user and should also bear corresponding responsibilities.
Legal basis: Article 1252 of the Civil Code of the People's Republic of China
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. However, this is excepted if the construction unit and 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 tort liability .
Article 1,253
If a building, structure or other facility and its resting and hanging objects fall off or fall causing damage to others, the owner, manager or user cannot prove that he or she is not at fault. , 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.