asking them to jointly pay his medical fees

[Anyul52d]

2000 年 5 月 10 at midnight, plus completion of Chongqing Hao Yue night to go home, passing a street in the 65 and 67 downstairs, an ashtray from the sky on his head smashed , resulting in the spot fell to the ground unconscious. Although the post was rescued out of danger, but the basic loss of daily living and work ability.


But six months later, the owner has not appeared chopping.
Donghu District,[link widoczny dla zalogowanych], Nanchang People's Court said Zhou Shengming, director of research, practice in the administration of justice, the court cases against falling objects injuries, often the result of two decisions: one is similar to Hu Rongqin case to victims of lack of evidence, the defendant rejected all compensation claims; the other is more common justice .
2009 年 11 18, Jinxian people's court of first instance verdict, dismissed the plaintiff's claim Hu Rongqin. The court held that the plaintiff Hu Rongqin case in the absence of evidence that defendants have a common implementation of the eight risk behaviors mean contact, and the actual implementation of the common risk behaviors, such disputes are not resolved by the common system of risk behavior areas. This case does not belong to the common risk behaviors suit, the plaintiff was a common risk behaviors as the defendant requested eight bear joint and several liability case is clearly inconsistent with the law.
desperation of the residents, 2nd Floor Hu Rongqin more than eight full court on households, asking them to co-Peifu cost 16 million yuan, but rejected by the court.
text / intern reporter Li Zhiqiang Liang Dongbo



The law clearly stipulates: harm of compensation for use of the building. The introduction, the legal experts and lawyers who can draw between the years of bickering to an end of.

and Jiangxi Zhong Shan Mei Jun law firm lawyers argued that only the individual behavior of parabolic high-rise, high-rise non-active as falling objects, and falling only one thing the owner or manager. Therefore, the parabolic high-rise is not a common risk behaviors, judgments are liable for all households in the lack of legal basis. He even believes that, simply let the building owner and user of all civil liability, will make a real liability of the perpetrator so diluted, and for the implementation of harm behavior without tenants are also very unfair. If forced to require all owners to share the compensation expenses, a bit like the ancient
diagnosed by the hospital,[link widoczny dla zalogowanych], Hu Rongqin parietal bone fracture, a large area of ​​skull depression. After a judicial appraisal, has constituted nine disabled.
During the hearing, the tenants have repeatedly mentioned, the plaintiff sued the facts and legal basis they are not. In order to prove that they were not at home, in the presence of most of the tenants also found alibi witnesses.

treatment in hospital for 30 days, Hu Rongqin total cost of medical expenses 77,785.75 yuan.

the formal implementation date of May 1.

day of the incident, the public and the police station to the town of new homes involved in the investigation, going door to door through investigation,[link widoczny dla zalogowanych], the upstairs tenants to stay or windows are not equipped with a security net grounds, denied Hu Rongqin of nine disability is chopping block because of its own due to falling from the balcony.

investigation by the local public security organs involved in the incident failed to identify any person for the department. Hao Yue then has located the crash site 65, and 67 residents in 22 residential buildings to court, asking them to compensation for their common medical expenses, mental anguish fees, the fees total of 17 million yuan. Finally, the Chongqing Yuzhong District People's Court that 22 people shared the liability of 17 million yuan, compensation 8101.5 yuan per household.
This case has become a starting block with wounding a real legal case without a head.


It is reported that, although the parabolic case in recent years, high-altitude frequent throughout the country, but because of the specific case and the judge's understanding of the differences in legal provisions, parabolic aerial assault case there has been . Such as Chongqing, ashtrays, the Court based on the principle of presumption of fault, the verdict of 22 common household respondent compensation for 17 million yuan; and cutting boards in the 2001 case of Jinan, Meng old woman in front of the entrance corridor home to speak with the neighbors when he was falling upstairs hit on the head chopping board died, 死者近亲属 above the second floor of 15 residents Gailou court but was dismissed.

2009 年 6 3, police once again visited the surrounding residents, come to the survey conclusion: That was when the storms hit, the wind comes up, chopping boards, Department of winds may be blown from the residential buildings. Is the result of investigation no evidence of human caused, according to the


during the trial, eight households were shouting that they have been named as defendants The defendant of a Shu, Yan Mou and Lee argued in court that they have not move in, the house can not have cutting boards. The defendant said in court Yanmou is, she was a court summons, before we know regarding Hu Rongqin were injured.
after the police speculated that blustery day of the incident, chopping board is likely to be blown in from the residential buildings.

consideration, must give priority to public safety. public safety.



wounding kept falling objects small area over the past year reflect the height of parabolic events occurred. For this phenomenon, although the residents, property and the RC have Weapon, such as organizing residents to capture the uncivilized height of parabolic lens bulletin board in the area and strengthen the upper parabolic release dangerous propaganda, but the phenomenon is still repeated parabolic height.




for the media that Jiangxi Normal University Law School professor Wang Xiaoyun, said, . Out



East Lake Area Nanchang People's Court, said Zhou Shengming,[link widoczny dla zalogowanych], director of research.


reporter that in recent years, high-altitude parabolic cases occur frequently throughout the country, but there has been



held jointly and severally liable if the law has kept the academic controversy
2009 年 9 1 May, but under the Hu Rongqin will Jinxian people and the residents of the town next to the fifth elementary school, 2nd floor, with more than eight residents to court, asking them to jointly pay his medical fees, such as total disability compensation of 16 million yuan.
interview, Hu said Kitayama, Hu Rongqin reminded him of what happened 10 years ago with the occurrence of high altitude in Chongqing Parabolic wounding case.
upstairs injured passers-by chopping off as . Hu Rongqin people and riding through the town of electric vehicles in a residential building adjacent to the fifth primary school when the chopping board suddenly fall from the sky, Hu Rongqin smashed in the head, blood splattered on the spot.
injured all the eight households court
for this provision, a legal profession that when someone sitting at home after what they did not dry the summons from the court, not worth a fuss. Because most likely due to a neighbor to the outside of buildings parabolic or vehicle hit a pedestrian, if not check out who is causing the damage, in order to protect the victim, it had the potential to cause harm to the residents of their liabilities the.

In fact, around the height of parabolic cause damage cases, the number of households investigated whether it is joint and several liability and other issues of law and justice Many leading academics and senior civil law or even between people of opposing views.
5 minutes later, a passerby saw Hu Rongqin down in a pool of blood unconscious, immediately call the police calls. Soon, 110 civilian police and 120 emergency personnel rushed to the scene will be sent to the Jinxian Hu Rongqin People's Hospital for treatment.

defendant, Lee claimed, site of the incident in the south of residential buildings, while in the north of their home kitchen. In addition, the investigation found police station into the room of his house chopping board is still on display in the kitchen stove, and all the windows with anti-theft network, so cutting board can not hurt himself falling for.
Kitayama Hu said the past six months, Hu Rongqin always staring at the piece of cutting board daze. Family know that she is trying to find the owner cutting board, discuss their own justice. What can block someone from falling? This is even the police are helpless, his family has become even more impossible to pursue.
2009 年 5 12, Jinxian Yijuminlou people and the town of Hu Rongqin pass when he was hit on the head a block from the sky, resulting in nine injuries.
Court of First Instance dismissed the household collective arrange to sit the gallery.

verdicts, the plaintiff pleaded Hu Rongqin and appeal. Recently, the Nanchang Intermediate People's Court has accepted the case.

Who is the master of cutting board? This issue is not only stumped Hu Rongqin an even Jinxian people and the town police station is unable to do anything.
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