壹、Who 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.
贰、How to pre vent a top-heavy billboard from being blown down by the windNetizen 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.
Just let it stay on the ground!
Falling to the ground is more eye-catching, thus achieving the best advertising effect!
Haha, just kidding~
1: You can weld a bracket to the bottom of your billboard
2: You can put your billboard against the wall
3: You can put your billboard in the leeward place
4: You can hold it down with a few big bricks
5: You can insert it into the ground, provided that your ground is Mud floor.
6: You can hang your billboard under your eaves with a rope. There is no need to touch the ground at all, let alone fall to the ground!
7: Hire someone to be the receptionist at the door and hold up the billboard part-time.
8: Isn’t it top-heavy? Putting the billboard upside down can also attract attention.
9: Use cement to paste it.
10: Go and argue with someone from an advertising agency! (They made the brand and should bear responsibility!)
Falling to the ground is more eye-catching, thus achieving the best advertising effect!
Haha, just kidding~
1: You can weld a bracket to the bottom of your billboard
2: You can put your billboard against the wall
3: You can put your billboard in the leeward place
4: You can hold it down with a few big bricks
5: You can insert it into the ground, provided that your ground is Mud floor.
6: You can hang your billboard under your eaves with a rope. There is no need to touch the ground at all, let alone fall to the ground!
7: Hire someone to be the receptionist at the door and hold up the billboard part-time.
8: Isn’t it top-heavy? Putting the billboard upside down can also attract attention.
9: Use cement to paste it.
10: Go and argue with someone from an advertising agency! (They made the brand and should bear responsibility!)
