Guangdong High Court released ten typical cases to analyze the reasons for the frequent occurrence of parabolic drops at high altitude
Who will contain the "damage from the sky"
Newspaper reporter Ye Xiaozhong Newspaper correspondent Yu Qing
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For some time, high-altitude projectiles and falling objects have caused frequent casualties, threatening the safety of people ’s lives and property, and arousing great public attention. The Guangdong High Court issued ten typical cases involving high-altitude parabolic drops, punished criminal crimes according to law, and clarified the safety protection responsibilities of property service enterprises and other units and individuals.
Tianjiang kitchen knife, Guangxi men's hamstrings were cut off; Tianjiang shampoo, Shenzhen 6-month-old baby girl was smashed and caused a skull fracture ... The two high-altitude parabolic injuries in May caused widespread concern.
How to protect "security above the head"? When the perpetrator cannot be identified, who should be held responsible? Recently, the Guangdong Higher People's Court released ten typical cases involving high-altitude parabolic and falling objects. The case covers the three major types of criminal, civil, and administrative, and reflects the courts at all levels to give full play to the punishment, standardization, and prevention functions of judicial trials, lead a good social fashion, and effectively protect the "overhead security" of the people.
Keywords: Residents' awareness of the legal bottom line
Throwing a kitchen knife from the 4th floor for secret anger and sentenced to 3 years
The reporter learned that from 2019 to the first quarter of this year, Guangdong Province has concluded 61 high-altitude parabolic and falling cases and 6 criminal cases, 5 of which constituted the crime of endangering public safety by dangerous methods. Among the cases released this time, there are 2 criminal cases involving such crimes.
The first of the ten typical cases is Yang Mouxing's case of venting his personal indignation at high altitude and endangering public safety by dangerous methods. On the afternoon of December 22, 2018, Yang Mouxing had a dispute with his landlord Wang Mouqiu because of the refund of the rental deposit. Afterwards, Yang Mouxing vented his anger and stood on the balcony of the 4th floor of the rental house, regardless of the safety of others, and threw beer bottles, bed boards, kitchen knives and other items down the road, causing the crowd to watch and block the traffic.
After the police arrived at the scene to persuade him, Yang Mouxing continued to throw down mattresses, tableware and other items downstairs, and confronted the police by suicide and gas tanks. Until 11 o'clock that night, the police broke through and arrested Yang Mouxing.
In the trial of the First People's Court of Zhongshan City, Yang Mouxing ignored the national laws and deliberately endangered public safety by dangerous methods without causing serious consequences. His actions had constituted the crime of endangering public safety by dangerous methods and should be punished according to law. Based on Yang Xing's criminal facts, nature, plot and repentance performance, on March 21, 2019, Yang Xing was sentenced to three years in prison. The judgment has entered into force.
The Guangdong High Court believes that the typical significance of the case is that the defendant, as a sane adult, knows that the high-altitude parabolic behavior will damage the personal and property safety of the unspecified person downstairs. Dangerous items such as kitchen knives are thrown away from high altitudes. Although they have not caused serious consequences, they are enough to endanger public safety. According to law, the dangerous methods of endangering public safety should be convicted and punished.
Keywords: property safety supervision responsibility
The outer wall fell off and smashed people, the property was awarded a compensation of 890,000 yuan
In civil cases, the main cause is the collapse of buildings and structures and the falling off of objects, which leads to disputes over compensation for personal and property damage. The focus of controversy in such cases is mainly whether property management companies and other relevant units or individuals have fulfilled their safety supervision responsibilities and whether they need to be held accountable.
In one of the cases, the ceramic tile on the outer wall of the building fell off and injured a passerby to death. The property company was sentenced to pay more than 890,000 yuan.
On September 4, 2018, Xie Moulian was hit by a tile off the outer wall of a residential unit in Zhuhai City, and was hit by tiles falling off the external wall of the building, causing Xie Moulian to be seriously injured in the head and sent to the hospital for death. Xie Moulian ’s family filed a lawsuit with the court, demanding that the community property company and the construction company real estate company jointly compensate for various expenses of 970,000 yuan.
The People ’s Court of Xiangzhou District of Zhuhai City held that the community property company, as the property manager, should repair, maintain and manage the common parts, common facilities and equipment in the property management area including the outer wall according to the contract, and make appropriate warnings and For safety precautions, the property company did not provide corresponding materials to prove this, and should bear the unfavorable consequences of the proof, and should bear the tort liability for the damage consequences of Xie Moulian ’s death.
The court ruled that the property company should pay more than 890,000 yuan for death compensation, funeral expenses, and mental damages. The second instance of the Zhuhai Intermediate People's Court upheld the original judgment.
In another case, the employee negligently throwing objects caused a disability, and the court sentenced the employer to assume joint liability for compensation.
On January 9, 2018, Huang Yanyan, a worker of a handbag factory in Yangshan County, Qingyuan City, threw a bundle of semi-finished handbags from the stairwell of the fourth floor directly onto the staircase of the first floor during the work on the fourth floor of the handbag factory. Bright neck. After identification, Zhu Mouming was paralyzed in four limbs, which constituted a first-level disability. Zhu Mouming appealed to the court and asked Huang Mouyan, the handbag factory and its operator Chen Mouqiang to bear joint and several liability for compensation.
After trial, the People's Court of Yangshan County ruled that the Handbag Factory and Chen Mouqiang jointly compensated 715,000 yuan. The second instance of the Qingyuan Intermediate People's Court upheld the original judgment.
The Guangdong High Court stated that this case is a typical case of severely cracking down on high-altitude parabolic objects. It strongly warns and educates all units and employees to include high-altitude parabolic objects in the category of "safety production". High-altitude parabolic behavior must not be a fluke.
Keywords: security obligations for building construction
Illegal outsourcing and share responsibility with the constructor
If the building parts fall and cause damage, who is responsible for compensation, the owner, contractor, and builder?
On January 10, 2018, Nie Mou of Foshan was injured when he was hit by a falling object on the head while walking. It was identified that the left facial paralysis caused by Nie Mou's brain injury constituted grade eight disability, and the loss of olfactory function caused by craniocerebral injury constituted grade ten disability. The house involved in the case was owned by Chen Mou. The house was under construction by Long Mou at the time of the incident. Long Mou did not have construction qualifications. Nie Mou appealed to the court and asked Chen Mou and Long Mou to pay a total of 470,000 yuan for disability compensation and mental damages.
The People ’s Court of Nanhai District of Foshan City held that Longmou, as a construction worker, did not provide evidence to prove that he was not at fault, and should be liable for compensation for Niemou ’s injury. As a house owner and project contractor, Chen Mou contracted the construction project to Long Mou who did not have the relevant qualifications and did not have the conditions for safe construction. He should bear the corresponding responsibility for the loss of Nie. %, 30%. Nie Mou was disabled due to injury and his spirit was damaged. Long Mou and Chen Mou should pay Nie Mou ’s compensation for mental damage. The court ruled that Long Mou paid compensation and mental damage compensation of 172,000 yuan; Chen paid compensation and mental damage compensation of 74,000 yuan.
"In this case, the contractors and builders should be legal, standardized and civilized in construction, fulfill their safety guarantee obligations, and avoid falling accidents during the construction process." Guangdong High Court said in the case analysis.