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jimu news reporter zhan ying

on the evening of september 21, a woman in chengdu fell from a building and hit a 70-year-old woman in a shopping mall. both died. how can the old woman's family seek responsibility? the lawyer said that since the person who fell from the building is dead, the family of the person who was hit can claim relevant compensation from the heirs of the person's estate and the shopping mall where the incident occurred.

according to the chengdu wuhou public security bureau, at about 19:00 on september 21, a person fell to his death at the cujin wanda plaza. after on-site investigation, review of surveillance, and interviews with the public, it was initially found that luo (female, 37 years old, a local, who had been treated in the hospital for bipolar disorder and was still taking medication recently) climbed over the guardrail on the 3rd floor platform of wanda plaza at 19:44 on the same day and fell to the basement floor, hitting a passerby li (female, 70 years old, from nanbu county, sichuan province). the two were later declared dead after 120 on-site rescue failed. follow-up work is currently being further carried out.

police report (source: chengdu wuhou public security official wechat)

a 70-year-old lady was accidentally killed by a falling building, and the person who fell from the building has also died. how should the family of the old lady hold someone accountable?

in this regard, yuan sanhui, a partner lawyer at hubei yisheng law firm, said that the person who fell from the building should bear tort liability according to law and compensate the deceased's immediate relatives for all losses because of his own behavior. in this case, because the person who fell from the building is dead, only the heirs of his estate can bear such tort liability to the extent of the inherited estate. in addition, if the court determines that the person who fell has no civil capacity or has limited civil capacity, his guardian should also bear certain compensation liability.

the shopping mall involved (photo source: baidu map street view)

fu jian, a well-known criminal defense lawyer and director of henan zejin law firm, believes that the jumper in this case, although suffering from bipolar disorder, may still be considered a person with full civil capacity, and should bear the compensation liability for causing the death of others. therefore, his heirs should use the jumper's estate to bear the compensation liability for the victim.

in addition, according to the provisions of the civil code: if the operators, managers or organizers of mass activities of business premises, public places, such as hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, etc., fail to fulfill their safety guarantee obligations and cause damage to others, they shall bear tort liability. therefore, if the shopping mall fails to fulfill its safety guarantee obligations, it shall bear the corresponding supplementary liability.

fu jian suggested that the family members can communicate with the heirs of the jumper's estate and ask them to bear the compensation liability, and communicate with the mall that is at fault and ask them to bear certain responsibilities. if the negotiation fails, the family members can also file a civil lawsuit and ask the heirs of the estate to bear funeral expenses, death compensation, etc.