** Urban Live Original
Without permission shall not**
High-altitude projectiles happen again.
February 1. Ms. Wan from Nanchang, Jiangxi found.
The car parked downstairs was smashed.
The culprit was a 5-pound purple potato.
On February 1, Ms. Wan's housewarming was the joy of her new home, and she hosted a banquet for relatives and friends in her new home. Around 5 p.m., she went to the car parked downstairs to get a drink, only to find that the car had been smashed.
Ms. Wan: The entire window was smashed and the roof was dented. There were two large bags of sweet potatoes and purple potatoes next to the car. On the broken rear windshield, traces of purple potatoes were also seen. I can be sure that the culprit who smashed the car is these two bags of purple potatoes weighing nearly 5 catties.On the same day, Ms. Wan reported to the police, but the police at the police station did not find the culprit after investigation.
Ms. Wan speculated that the upstairs residents threw the two bags of broken purple potatoes from the sky in order to save trouble. After that, Ms. Wan drove the car to the 4S shop for maintenance, and after a preliminary damage assessment, the maintenance cost of the vehicle was about 12,000 yuan.
Ms. Wan: The premium for the second year is **20%, and the car will be seriously depreciated after major repairs.Ms. Wan told the city scene reporter that she had only driven the car for four years, and after being hit by two bags of purple potatoes, she suffered heavy losses. And the location of the incident happened to be a blind spot for monitoring.
In this regard, the community property said that the place where Ms. Wan parked was not a motor vehicle parking space. They have also been advising owners to park their cars in the underground car park.
Property staff Mr. Leng: Why don't we stop above? It is to avoid throwing objects from high altitudes.The property staff said that they had repeatedly reminded everyone in the owner group not to throw objects from high altitudes, but such a thing still happened. So, if the culprit party cannot be found, who will bear Ms. Wan's losses?
According to Article 1253 of the Civil Code, if a building, structure or other facility and its shelving or hanging object falls off or falls and causes damage to others, and 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, they have the right to recover from the other responsible persons.
Lawyer Zhang Tian: If Ms. Wan cannot determine the actual infringer, she can sue the user of the entire building, and after the user has assumed responsibility, if the infringer can be determined, she can recover from the actual infringer.This also means that at present, in the case of not being able to find the culprit, Ms. WanResidents or tenants of an entire building can be sued。So, do the managers of the community and the property owner also have to be held responsible?
Lawyer Zhang Tian: If the property management company cannot prove that it has fulfilled its safety reminder or protection obligations, then it also needs to bear the corresponding responsibility according to its fault.According to the property, if Ms. Wan's vehicle is not parked in the parking space planned by the community, she also needs to bear the corresponding responsibility according to her own fault. Lawyer Zhang Tian said that at present, Ms. Wan can collect evidence on her own and go to the people's court to prosecute.
Lawyer Zhang Tian: Ms. Wan needs to collect evidence, including the identity information of the users and managers of the building, as well as the corresponding surveillance video**, to prove that there is a certain causal relationship between the damage to her vehicle and the falling object from a height.In addition, Ms. Wan can also choose to report the case to the insurance company, and the insurance company will settle the claim first, and then recover the compensation on behalf of Ms. Wan, which is more worry-free and trouble-free, and can also save judicial resources.