本文目录一览
- ∪﹏∪Who is responsible if a billboard falls and hits someone?
- ●ω●Division of responsibility if a billboard falls down
- ˋ▽ˊWho is responsible if a billboard installed falls off?
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.
The responsibility for a billboard falling down is mainly borne by the owner or manager of the billboard.
First, from a legal perspective, the owner or manager of a billboard is responsible for ensuring its safety. If a billboard falls due to improper maintenance, installation defects, or aging, causing casualties or property damage, the owner or manager may be held legally responsible. This is because they have direct management and maintenance responsibility for the safety of billboards. For example, if a store's billboard has not been maintained for a long time and the screws loosen, causing the billboard to fall and injure a passerby, the store will need to bear corresponding medical and compensation liabilities.
Secondly, the division of specific responsibilities may also be affected by local laws, regulations and contract terms. In some areas, there may be explicit regulations requiring billboard owners or managers to conduct regular safety inspections and maintenance. If they fail to comply with these regulations, they will be held more liable if an accident occurs with a billboard. Also, if a third-party company is responsible for the installation and maintenance of the billboard, liability may shift partially or fully to that company in the event of an accident.
Finally, it is also important to consider that if the fall of the billboard is due to force majeure factors, such as extreme weather conditions, then the division of liability may be more complicated. In this case, legal means may be required to determine the proportion of each party's liability. But in general, the owner or manager of a billboard still has an obligation to ensure its safety and to pre vent such incidents as much as possible.
In summary, the responsibility for a billboard falling down mainly lies with the owner or manager of the billboard. They need to regularly maintain and inspect the safety of billboards to pre vent potential risks. When an accident occurs, they need to bear corresponding legal responsibilities and may need to handle related compensation matters in accordance with laws, regulations and contract terms.
ˋ▽ˊWho is responsible if a billboard installed falls off?First, from a legal perspective, the owner or manager of a billboard is responsible for ensuring its safety. If a billboard falls due to improper maintenance, installation defects, or aging, causing casualties or property damage, the owner or manager may be held legally responsible. This is because they have direct management and maintenance responsibility for the safety of billboards. For example, if a store's billboard has not been maintained for a long time and the screws loosen, causing the billboard to fall and injure a passerby, the store will need to bear corresponding medical and compensation liabilities.
Secondly, the division of specific responsibilities may also be affected by local laws, regulations and contract terms. In some areas, there may be explicit regulations requiring billboard owners or managers to conduct regular safety inspections and maintenance. If they fail to comply with these regulations, they will be held more liable if an accident occurs with a billboard. Also, if a third-party company is responsible for the installation and maintenance of the billboard, liability may shift partially or fully to that company in the event of an accident.
Finally, it is also important to consider that if the fall of the billboard is due to force majeure factors, such as extreme weather conditions, then the division of liability may be more complicated. In this case, legal means may be required to determine the proportion of each party's liability. But in general, the owner or manager of a billboard still has an obligation to ensure its safety and to pre vent such incidents as much as possible.
In summary, the responsibility for a billboard falling down mainly lies with the owner or manager of the billboard. They need to regularly maintain and inspect the safety of billboards to pre vent potential risks. When an accident occurs, they need to bear corresponding legal responsibilities and may need to handle related compensation matters in accordance with laws, regulations and contract terms.
If a billboard installed 2 years ago falls off, the responsibility shall be borne by the owner, manager or user of the billboard. According to the relevant provisions of the Civil Code of the People's Republic of China, if billboards and other facilities suddenly fall or fall off and cause damage to others, the owner, manager or user will be liable for tort unless they can prove that they were not at fault. Billboard owners are required to perform regular maintenance on billboards, especially near public roads, to pre vent potential threats to passers-by. If a billboard causes personal injury or property damage to others, the advertising publisher and installation agency will also be liable for compensation. During the compensation process, if there is another person's fault or responsibility, the responsible party has the right to pursue their legal liability.