Latest news on falling outdoor billboard accidents
Excuse me, if the door of my store accidentally falls down and injures someone, is my family solely responsible?
If it cannot be proven that the others are at fault, the store will bear all the responsibility. If it is caused by problems with the construction quality of the door builder, you can seek compensation from them. However, the store should first bear the liability for compensation and then exercise its right of recourse in accordance with the law.
Legal Analysis
According to relevant laws and regulations, if a billboard falls and injures someone, the owner, manager or user of the building where the billboard is located shall bear responsibility. If the billboard falls due to the fault of other responsible persons, the owner, manager or user can hold the other responsible persons accountable after making compensation. If the fall does not occur during installation, the installation company does not need to be held responsible. The installation of roadside billboards should fully consider adapting to local weather conditions in terms of design, construction, and quality to ensure their safety within the range of normal wind fluctuations. At the same time, attention should be paid to daily maintenance and inspections to eliminate potential dangers and avoid them. Sudden falls and collapses cause damage to pedestrians. The outdoor billboards that decorate the city, behind their novel designs and bright colors, also hide hidden dangers caused by disrepair and insufficient stability. Accidents in which billboards collapse or fall, injuring pedestrians, occur from time to time. When citizens encounter similar incidents, they should call the police as soon as possible and retain evidence of infringement so that they can safeguard their rights reasonably and legally in the future. Citizens' rights to life and health should be protected by law.
Legal Basis
Civil Code of the People's Republic of China
Article 1,253 If a building, structure or other facility and its resting and hanging objects fall off or fall causing damage to others, all If the owner, manager or user 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 1,252 If a building, structure or other facility collapses or collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability, but the construction unit and the construction unit can prove that there is no quality defect. except. 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.
Legal Analysis
According to relevant laws and regulations, if a billboard falls and injures someone, the owner, manager or user of the building where the billboard is located shall bear responsibility. If the billboard falls due to the fault of other responsible persons, the owner, manager or user can hold the other responsible persons accountable after making compensation. If the fall does not occur during installation, the installation company does not need to be held responsible. The installation of roadside billboards should fully consider adapting to local weather conditions in terms of design, construction, and quality to ensure their safety within the range of normal wind fluctuations. At the same time, attention should be paid to daily maintenance and inspections to eliminate potential dangers and avoid them. Sudden falls and collapses cause damage to pedestrians. The outdoor billboards that decorate the city, behind their novel designs and bright colors, also hide hidden dangers caused by disrepair and insufficient stability. Accidents in which billboards collapse or fall, injuring pedestrians, occur from time to time. When citizens encounter similar incidents, they should call the police as soon as possible and retain evidence of infringement so that they can safeguard their rights reasonably and legally in the future. Citizens' rights to life and health should be protected by law.
Legal Basis
Civil Code of the People's Republic of China
Article 1,253 If a building, structure or other facility and its resting and hanging objects fall off or fall causing damage to others, all If the owner, manager or user 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 1,252 If a building, structure or other facility collapses or collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability, but the construction unit and the construction unit can prove that there is no quality defect. except. 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.
Who is responsible for injuries caused by falling billboards? The attribution of liability depends on many factors, but generally speaking, if there is a problem with the installation or maintenance of the billboards, the injury will result from the fall. person, the liability lies with the owner or manager of the billboard.
First of all, from a legal perspective, any billboards hung in public places must meet safety standards and be regularly inspected and maintained by professionals. If a billboard falls and causes injury due to improper installation, poor maintenance, or aging materials, the owner or manager may be held legally responsible. This is because they have direct responsibility for the safety of the billboard and must ensure it does not pose a risk to the public.
Secondly, in actual situations, the determination of liability may also involve third-party factors. For example, if a billboard falls due to extreme weather conditions, the owner or manager may not be held fully responsible if they have performed the necessary maintenance and inspections as per standards. However, this does not mean that they are completely exempt, as in this case they will still need to prove that they have taken reasonable pre cautions.
Finally, the specific attribution of responsibility needs to be determined based on local laws and regulations and the specific circumstances of the case. In some areas, laws regarding similar incidents may be stricter, requiring higher security obligations on the owner or manager of the billboard. In some specific cases, if the victim himself is at fault, it may also affect the division of responsibility.
In general, injury caused by a falling billboard is a serious safety accident, and the attribution of responsibility needs to be judged based on the specific circumstances. But in any case, billboard owners or managers should attach great importance to their safety and take all necessary measures to pre vent similar incidents from happening.
First of all, from a legal perspective, any billboards hung in public places must meet safety standards and be regularly inspected and maintained by professionals. If a billboard falls and causes injury due to improper installation, poor maintenance, or aging materials, the owner or manager may be held legally responsible. This is because they have direct responsibility for the safety of the billboard and must ensure it does not pose a risk to the public.
Secondly, in actual situations, the determination of liability may also involve third-party factors. For example, if a billboard falls due to extreme weather conditions, the owner or manager may not be held fully responsible if they have performed the necessary maintenance and inspections as per standards. However, this does not mean that they are completely exempt, as in this case they will still need to prove that they have taken reasonable pre cautions.
Finally, the specific attribution of responsibility needs to be determined based on local laws and regulations and the specific circumstances of the case. In some areas, laws regarding similar incidents may be stricter, requiring higher security obligations on the owner or manager of the billboard. In some specific cases, if the victim himself is at fault, it may also affect the division of responsibility.
In general, injury caused by a falling billboard is a serious safety accident, and the attribution of responsibility needs to be judged based on the specific circumstances. But in any case, billboard owners or managers should attach great importance to their safety and take all necessary measures to pre vent similar incidents from happening.