Harm from the Sky: Falling Objects

[2] Compiled from: Southern Metropolis Daily, China Court Network
 
Accidents can happen out of nowhere. In recent years, there have been an increasing number of incidents involving falling objects from high altitudes, whether intentional or unintentional, and the objects involved have been bizarrely varied. According to statistics from the Longgang police in Shenzhen, in the first half of 2020 alone, the district police received 492 reports of falling objects from high altitudes. Today, falling objects from high altitudes seem to have become an issue that must be brought to the table.

 

 
[4] Related cases
1. A four-year-old child threw objects from a high-rise for nearly 10 minutes, damaging a car below.
At around 10 p.m. on July 9, 2020, a resident in a residential compound in Longgang District, Shenzhen, threw mineral water bottles and unopened canned milk from a high floor, shattering the windshield of a car parked below. Nearby residents quickly called the police, stating that the objects had been thrown from the building for about 5 to 10 minutes. Residents downstairs attempted to identify the exact floor by using flashlights, but due to the height of the building and insufficient light, they had to conduct a door-to-door check of each floor.
 
Investigation revealed that the perpetrator was a resident on the 20th floor of the building. The head of the household, Lin, admitted that it was his mischievous 4-year-old son who threw water bottles and milk cartons from their balcony.
 
Currently, the police station is organizing negotiations between the child's guardian, Lin, and the owner of the damaged car regarding compensation, and urging Lin to strengthen discipline over his child.
 
2. Three large bottles of shampoo fell from a height, and a hit infant girl received a critical illness notice.
At around 9 p.m. on May 11, an incident involving injuries caused by a falling object occurred at Wanghai Huijingyuan residential community in Shekou, Nanshan District, Shenzhen. A 6-month-old baby girl, who was in her mother’s arms, was struck on the head by a shampoo bottle that fell from above.
 
Mr. Gao, the baby girl's father, said that at around 9 p.m. on the 11th, he and his wife were taking their daughter out for a walk. As they passed along the road outside Wanghai Huijingyuan Residential Community, he felt a gust of wind, and then three bottles of shampoo fell from the sky. "Large 750ML bottles, almost full. Two of them hit my daughter on the head," Mr. Gao told reporters. "The child's mouth turned blue and dark, and at first she could not even cry."
 
According to a CT examination report issued by the hospital, the preliminary diagnosis for the female infant was bilateral parietal and occipital bone fractures with bilateral parietal epidural hematoma, subarachnoid hemorrhage, and bilateral parietal scalp hematoma.
 
On the morning of the 14th, the child developed symptoms including vomiting and convulsions. Gao said: “Immediately, oxygen was administered as part of intensive care, along with sedatives, anti-hemorrhagic injections, and anti-epileptic injections. A critical condition notice was even issued.”
 
3. Out of resentment toward his ex-girlfriend, a man threw a bicycle from the 10th floor.
At around 22:00 on January 13, 2020, the defendant Zhai, in order to vent his dissatisfaction with his ex-girlfriend Song, walked to the entrance of Song's home in a residential community on Hongshan Road, Lixia District, Jinan City, and without cause smashed the shoe rack and other items Song had placed at the entrance of her home. He also threw a TERN brand variable-speed folding bicycle that Song had placed in the corridor from the 10th-floor balcony onto the public road in the community in front of the building.
 
The Lixia District Court in Jinan, after trial, held that the defendant Zhai intentionally threw objects from a height, which, though not causing serious consequences, was sufficient to endanger public safety. The prosecution's charge of endangering public safety by dangerous means was established. The defense's argument that the defendant Zhai voluntarily surrendered, was a first-time offender, and willingly confessed and accepted punishment, which could lead to a lighter or mitigated sentence, was accepted by the court. Regarding the defense's request for a suspended sentence, the court held that the defendant's intentional throwing of objects from a height was a serious act endangering public safety. The defendant acted deliberately despite being aware of the potential serious consequences, indicating significant subjective malice and personal danger, thus a suspended sentence was not appropriate. The defendant Zhai Hongsheng voluntarily surrendered and willingly confessed and accepted punishment, so a mitigated sentence was granted according to law.
 
On July 13, the People's Court of Lixia District, Jinan City, issued a first-instance judgment in this "throwing objects from a height" case, convicting the defendant Zhai Moumou of endangering public safety by dangerous means and sentencing him to two years of fixed-term imprisonment.

 

 
Relevant legal provisions
1. Draft amendment (XI) to the Criminal Law
The draft amendment (XI) to the Criminal Law proposes to modify and supplement the Criminal Law in six aspects, potentially criminalizing the act of throwing objects from heights.
 
The draft stipulates that throwing objects from heights that endangers public safety shall be punishable by criminal detention or public surveillance, and/or a fine. If the act causes injury, death, or other serious consequences and also constitutes another crime, the offender shall be convicted and punished according to the heavier penalty.
 
2. Civil Code of the People's Republic of China
Article 1253 If a building, structure, or other facility, or an object placed or suspended thereon, detaches or falls and causes harm to another person, the owner, manager, or user shall bear tort liability unless they can prove that they were not at fault. After the owner, manager, or user has compensated, if there are other responsible parties, they have the right to seek recourse from those other responsible parties.
 
Article 1254 It is prohibited to throw objects from a building. If an object thrown from a building or an object falling from a building causes harm to another person, the tortfeasor shall bear tort liability in accordance with the law. If it is difficult to identify the specific tortfeasor after investigation, unless they can prove that they are not the tortfeasor, the possible harmful building users shall provide compensation. After the possible harmful building users have compensated, they have the right to seek recourse from the tortfeasor.
    
Property service enterprises and other building managers shall take necessary safety and security measures to prevent the occurrence of the circumstances specified in the preceding paragraph; if they fail to take necessary safety and security measures, they shall bear tort liability for failing to fulfill the duty of safety and security in accordance with the law.
 
If the circumstances specified in the first paragraph of this article occur, public security and other authorities shall promptly investigate in accordance with the law to identify the responsible party.
 
3. Supreme People's Court The Opinions on Lawfully and Properly Adjudicating Cases of High-Altitude Object Throwing and Falling "
In recent years, incidents of objects thrown or falling from heights have occurred frequently, seriously endangering public safety, infringing upon the lawful rights and interests of the people, and affecting social harmony and stability. In order to fully leverage the punitive, regulatory, and preventive functions of judicial adjudication, properly try cases involving objects thrown or falling from heights in accordance with the law, effectively safeguard the safety of the people “overhead”, ensure that the people live and work in peace and contentment, and uphold social fairness and justice, the following opinions are hereby put forward in accordance with the Criminal Law of the People’s Republic of China, the Tort Liability Law of the People’s Republic of China, and other relevant laws:
I. Strengthen source governance, supervise and support lawful administration, and effectively prevent and punish high-altitude object throwing and falling behaviors
II. Lawfully punish high-altitude object throwing and falling behaviors that constitute crimes, and effectively protect the safety of people's lives and property
III. Adhere to justice for the people and fair adjudication, lawfully and properly handle civil cases of high-altitude object throwing and falling
IV. Focus on diversified resolution, adopt multiple measures simultaneously, and continuously improve the working mechanism for preventing and mediating disputes over high-altitude object throwing and falling

 

 
[1] The author's perspective
According to the "Opinions on Properly Handling Cases of High-Altitude Throwing and Falling Objects" issued by the Supreme People's Court, the opinion clarifies that high-altitude falling objects may involve criminal or civil liability. If an object is intentionally thrown from a height, regardless of whether it causes injury to others, it may be convicted and punished for endangering public safety. If an object is thrown negligently from a height, once serious consequences occur, the responsible party will also be held accountable.
 
From the two provisions of the Civil Code mentioned above, it is clear that the tortfeasor must bear tort liability, and there is no doubt about this. However, it is worth noting that if a falling object causes personal or property damage to others, and the owner, manager, or user of the object cannot prove they are not at fault, they must also bear tort liability, though they may seek recourse from other responsible parties afterward. Additionally, when it is difficult to identify the specific tortfeasor, the possible users of the building who may have caused the harm must also provide compensation, unless they can prove they are not the tortfeasor. Thus, in cases of high-altitude throwing, even if the specific tortfeasor cannot be found, the possible users of the building may still be held accountable and subject to claims.
 
The author believes that to eliminate phenomena such as high-altitude throwing or falling objects that seriously endanger people's lives and property, in addition to the constraints of relevant national laws and regulations, it is more important to rely on the conscious cooperation of every citizen. Let us not allow children walking in the evening to become victims of falling objects, nor let cars parked downstairs become wreckage from falling objects, nor let any innocent passerby fear walking under the sky. With greater awareness and vigilance from everyone, we can create a livable, harmonious, and beautiful home.