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
Case Strategy
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.
