dna has been collected! attention if you live on the second floor or above
2024-09-03
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recently, an anhui netizen posted on a social platform that on the evening of august 24, he and his 34-week pregnant wife went downstairs for a walk and encountered objects thrown from a high altitude.my wife's right foot was hit by a piece of sesame oil glass bottle thrown from a high place, causing two toes on her right foot to be seriously injured and part of them to be amputated.this matter has attracted the attention of netizens.
the netizen mr. sun (pseudonym) who posted the message told the reporter that his wife was in great pain after being injured and they had called the police. the staff of the local police station told the reporter,the dna collection has been completed and is currently being analyzed.
▲mr. sun’s wife fell to the ground injured/photo provided by the interviewee
how serious are the dangers of dropping objects from high places?
how to protect your rights when objects are thrown from high places?
according to professional experimental calculations
an egg weighing 30 grams
throwing it from the 18th floor can break a person's skull
and thrown from the 25th floor
the impact is enough to cause death
how to protect your rights when objects are thrown from high places?
fu jian, a well-known criminal defense lawyer and director of henan zejin law firm, said that mr. sun could keep relevant evidence, such as video surveillance and medical certificates, and report to the police in a timely manner. if the specific perpetrator can be found in this case, he may need to bear criminal and civil liability.
according to the criminal law, if objects are thrown from buildings or other high places, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control. the sesame oil bottle fragments in this case are dangerous to a certain extent and have caused serious consequences, so criminal liability may be required. mr. sun's wife can also ask him to bear civil compensation liability, including medical expenses, loss of work wages, etc. if the specific executor cannot be found, according to the relevant provisions of the civil code, the victim can sue the people in the entire building. at the same time, if the property and other building managers fail to take necessary safety measures, they also need to bear corresponding responsibilities according to law.
what legal responsibilities do you have to bear for dropping objects from high places?
article 291-2 of the criminal law:
[crime of throwing objects from high places] if objects are thrown from buildings or other high places and the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall be fined or fined alone.
if the conduct in the preceding paragraph also constitutes other crimes, the person shall be convicted and punished in accordance with the provisions with the heavier penalty.
article 1,254 of the civil code:
it is prohibited to throw objects from buildings. if objects thrown from buildings or objects falling from buildings cause damage to others, the infringer shall bear the tort liability in accordance with the law; if it is difficult to identify the specific infringer after investigation, the user of the building that may have caused the harm shall provide compensation unless he can prove that he is not the infringer. after the user of the building that may have caused the harm provides compensation, he has the right to seek compensation from the infringer.
property service companies and other building managers shall take necessary security measures to prevent the occurrence of the circumstances stipulated in the preceding paragraph; if they fail to take necessary security measures, they shall bear tort liability for failing to perform their security obligations in accordance with the law.
if the circumstances specified in the first paragraph of this article occur, the public security and other organs shall conduct timely investigations in accordance with the law and identify the responsible persons.
source: yangzhou release
