Return Case ListInfringement Compensation

In a liability dispute over an object falling from a height in Xiamen, the court ruled that the property management company and the actual tortfeasor shall compensate the victim for various losses totaling 36 ten thousand yuan.

Case Summary

On 2024-3-10, while plaintiff Lin was walking past a residential complex in Siming District, Xiamen City, a flowerpot fell from a high-rise building and struck their head, causing immediate unconsciousness. The plaintiff was rushed to the hospital for treatment, stayed for 60 days, and incurred medical expenses of 18 ten thousand yuan. According to judicial appraisal, the plaintiff's injuries resulted in Grade 8 disability, with an incapacity period of 180 days, a nutritional support period of 90 days, and a nursing care period of 60 days. Following the incident, public security authorities conducted an investigation but were unable to identify the specific owner of the flowerpot. The plaintiff then filed a lawsuit against the property management company of the complex and other potential liable users of the buildings, seeking compensation totaling 36 ten thousand yuan for all losses.

Key Dispute

1.Can the actual tortfeasor in a case of falling objects from height be identified?
2.Did the property management company fulfill its obligation to ensure safety?
3.Should users of the building that may have caused harm bear liability for compensation?
4.Are the claimed damages reasonable?

Case Strategy

1.Fixed accident scene photos, police investigation records, medical records, medical expense invoices, discharge summaries, forensic appraisal opinions, loss of income certificates, nursing fee invoices, and other core evidence.
2.Evidence shows that the public security authority investigated but could not identify the specific owner of the flowerpot. Under the Civil Code, if an object is thrown from a building or falls from a building and causes harm to another person, the tortfeasor shall bear liability for compensation in accordance with the law.
3.If the specific infringer cannot be identified after investigation, all users of the building who may have caused the harm shall provide compensation, unless they can prove they were not responsible.
4.Establish that the property management company, as the residential property service provider, failed to fulfill its duty of safety assurance by not investigating or preventing risks of falling objects from heights, and therefore should bear supplementary liability.
5.Calculate the plaintiff's claimed losses: medical expenses 18 ten thousand yuan, lost wages 6 ten thousand yuan, nursing fees 3.6 ten thousand yuan, transportation costs 0.6 ten thousand yuan, hospital food allowance 0.6 ten thousand yuan, nutritional fees 1.8 ten thousand yuan, disability compensation 12 ten thousand yuan, and mental distress damages 3.6 ten thousand yuan. Total: 46.2 ten thousand yuan. The plaintiff's claim of 36 ten thousand yuan is reasonable.

Processing Result

The court ruled that the actual infringer (confirmed after investigation to be the owner of Unit 803) shall compensate Plaintiff Lin for total losses amounting to 28.8 ten thousand yuan; the defendant property management company shall bear supplementary liability and compensate Plaintiff Lin an additional 7.2 ten thousand yuan, totaling 36 ten thousand yuan. The defendants shall also bear all litigation costs and judicial appraisal fees for this case.

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