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Two children threw bricks from the 33rd floor and smashed the guardrail and the car. The parents apologized.

2024-08-12

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On the afternoon of August 10, the owners of the Ou La Ya County community in Changsha found that bricks were suddenly falling from the roof of a 33-story building in the community. The bricks damaged the guardrail and a car downstairs, but no one was hit.

After the property management arrived to handle the situation, they found that the two children who threw the objects were the two children who lived in the building, and their parents were unaware of the incident. Afterwards, the parents apologized to everyone and negotiated with the owner of the damaged car.

Several bricks fell down one after another

On August 11, a reporter from Xiaoxiang Morning News arrived at the site of the throwing of objects - Building 10 of Ou La Ya Jun Community. The building is 33 stories high, and the entrance to the community is just a few steps away from the building exit. The thrown bricks have been cleared and the road is open to traffic. There is a severely deformed guardrail next to the building, which was caused by the throwing of objects.



The child threw bricks from the 33rd floor and hit the guardrail below.

"It was too dangerous. Fortunately, no one was hit." A resident of the building told reporters that at around 5 p.m. on the 10th, someone in the owners' group reported that bricks were falling from the roof. "They were very big bricks, and several of them fell in succession." Everyone reported it to the property management, and the staff immediately came to deal with it. They found that two children were playing on the roof and dropped some bricks from the roof. One of the fallen bricks broke the glass of a car.

The property management staff of the community said that when the incident happened, the two children were not accompanied by their parents and were playing alone on the roof, which led to the throwing of objects. After the parents found out, they criticized and educated the children and apologized to other owners.



The chat log shows that a brick hit a car downstairs

Why are there bricks on the roof? The staff member said that the owner brought them there to fix the clothes drying rack on the roof. There were also potted plants and other items on the roof that might have been thrown, but they were cleared after the incident. When the reporter arrived at the roof, he found that such items had been cleared.

"It is summer vacation now, and we hope the owners can spend more time with their children and take good care of them." The staff member said that the children's parents have negotiated with the owner of the damaged car, and the police have also intervened.

If a child throws objects from a high place, the guardian should be held responsible

If a child throws objects from a high place and causes personal or property damage, who will be held responsible? Lawyer Yao Zhidou of Beijing Jingshi Law Firm said that the Civil Code stipulates that it is prohibited to throw objects from buildings. If objects thrown from buildings or objects falling from buildings cause damage to others, the tortfeasor shall bear the tort liability according to law; but since the child is a person with limited civil capacity, the legal guardian of the child fails to fulfill his guardianship responsibilities, and the corresponding civil liability for the damage caused to others shall be borne by his guardian, that is, the child's parents, according to law.


A notice was posted in the owner group

In this case, the child was not at home, but was throwing objects in the public area of ​​the building - the roof. If bricks, flower pots and other items are in the public area such as the roof or corridor, and are pushed down by a child and cause damage, how should the responsibility be divided? In this case, should the property management be held responsible?


Owners discuss in group

Yao Zhidou said that in this case, the child should be held primarily responsible, and the property management company may have to bear some responsibility. As the property management company of the community involved in the case, the property management company has the obligation to manage and ensure the safety of the property management area of ​​the community buildings. If the bricks and flower pots were not discovered and cleaned up in a timely manner, thus forming a safety hazard and leading to the consequences of the incident, then if the property management company did not fully fulfill its safety management responsibilities, it would be at fault and may have to bear corresponding responsibilities.

Xiaoxiang Morning News reporter Yu Guangqiang