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A baby girl killed by an iron ball from the sky and the whole building need to pay the compensation
Published on: 2020-09-08
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babyOn Nov 11, 2016, an iron ball suddenly dropped from a building on a street in Suining, Sichuan province, and hit a girl who wasn't even a year old. She eventually died.

The police later collected finger prints and DNA information from the ball and matched every resident in the building, but could not confirm who threw the ball. The baby girl's family then sued the whole building. On Aug 27, 2020, the court ruled that every family residing in the building, except those who can prove they were not there that day, should pay 3,000 yuan in compensation to the bereaved family.

For long, the law forbids residents of high-rise buildings from throwing objects from their windows. Those doing so should bear responsibility for causing damage, loss of property and/or casualties. In fact, even if there is no damage, those throwing things can be charged with threatening public safety and face criminal charges for accidental killing or even intentional injury/murder. Anybody with common sense can guess the damage an iron ball falling from a window can cause.

Therefore, such action by someone who is aware of the consequences can only be treated as intentional. However, such accidents keep taking place and it is not always possible to pinpoint the suspect, as there might be 100 families living in a high-rise building.

As in the Sichuan case, the suspect might not be found in years and the responsibility will have to be shared by all residents.

天降铁球砸死女婴 全楼赔偿

2016年12月6日,四川省遂宁市公安局船山分局发布消息称:2016年11月,从船山区油房街一居民楼上坠落一个健身铁球,砸中楼下路过行人所推婴儿车内的婴儿。后抢救无效,婴儿不幸离世。

事件发生后,警方逐一排查事发地整栋大楼住户,均没查找到肇事者。无奈之下,婴儿家长委托律师,起诉整栋楼内的住户。

2020年8月24日,遂宁船山区人民法院在该栋楼前张贴公告,判决整栋楼,除了家中确实无人居住的每户居民分别补偿原告3000元。

法院是根据《侵权责任法》第87条进行的判决的,87条规定高空抛物造成其他人侵害的,如果难以找到侵害者,由可能的侵害者共同赔偿。法律作出这样的决定原因有两点,找不到侵害者,对没有侵害的人确实不公平,但对于受害者得不到补偿,更不公平,为了保护受害者的权益作出这样的决定,这样可以督促业主和物业管理单位共同管理,杜绝这样的事情再次发生。

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