If a neighbor throws an object from a high altitude and kills a passerby, even if you are not at home at the time, do you think you can stay out of it?
No! Even if you are not at home, you cannot escape, you may be the perpetrator, and even your household is more likely to be harmed than other households.
Today's case is absolutely closely related to everyone's life, because we may be as helpless as the defendant in it at any time.
01
On the morning of October 4, 2016, a tragedy occurred in Wuhu City, Anhui Province, when Uncle Bu, a 60-year-old retired worker, went downstairs in a community to buy a mobile phone for his wife.
After entering the store, he quickly fell in love with one, but when the old man went out with joy, a red brick fell from the sky, and the unsuspecting old man had no time to dodge, and was knocked on the back of the head by the red brick on the spot.
By the time the police arrived at the scene, Uncle Bu had already died. The family members were deeply saddened and hoped that the police would give them justice.
In broad daylight, the uncle's head was "bleeding like an infusion" in a second, and the person was gone on the spot. Did this deadly red brick fall off naturally, or was it thrown artificially?
02
According to the police investigation, the incident occurred in the 28 buildings of the community under Unit 1, the unit door is open all year round, and there are 6 places in the public area of the building with the same red bricks.
The police immediately blocked the entrance and exit of the incident area and conducted a one-by-one investigation of the relevant residents. However, the results were not satisfactory.
Due to the lack of surveillance, no witnesses, and no effective physical evidence was extracted from the red bricks, and the real culprit could not be found for a while. This result is unacceptable to the families of the deceased.
Although it is the uncle who suffers today, if this behavior is not stopped, there will be endless troubles!
But the next operation of the uncle's family even the passers-by were stunned.
03
The unit has a total of 33 floors, and the family believes that the occupants of the remaining 32 floors are suspicious, except for the façade room on the first floor.
Since the police failed to find the real culprit, they simply "would rather kill by mistake than let go", and sued the 96 owners of the whole building plus the property management company in court, demanding that these defendants jointly compensate 500,000 yuan.
As soon as the news came out, the entire community exploded.
First of all, the property feels that they are not responsible, they are only the manager of the house, not the direct user of the house. It is impossible to track every household 24 hours a day, and the property cannot accept that it is also involved.
The residents of Building 28 felt even more wronged, because most of them were not at home on the day of the crime.
You can't put everyone in just because you can't find the real culprit. And people who haven't come back outside, how can you say that they are suspicious?
04
As a result, at the scene of the first-instance trial on December 20, 2017, there was a scene of "ridiculousness" in the Jinghu District People's Court of Wuhu City.
Forty-six of the defendants' residents "showed their powers" and produced materials including train tickets, attendance records, and water and electricity usage lists to prove that they were not at home on the day of the incident.
But do you think you'll be fine with an alibi? The words of the plaintiff's lawyer completely subverted the cognition of normal people.
"Even if you are not at home, you cannot escape, you may be the perpetrator, and even your household is more likely to be harmed than other households. Because you are not there, the relevant dangers cannot be eliminated in time. ”
"An item from a family, or a small brick and this object, is placed on the side of the building. It is also possible that an accident occurred due to a failure to fulfill management responsibilities. ”
The implication is that people who are at home are more likely to throw things, and people who are not at home are more likely. As a result, both roads were blocked.
05
If it were you, would you think you should be at home or not?
However, in the face of this problem, some residents also have a way to break the situation. Because their house had no windows at all in the direction of the crime, they did not meet the conditions for committing the crime.
However, these residents are thinking too simply.
The plaintiff's lawyer tells you, "The house is dead, the man is alive". Who says you can't kill people without windows?
Yes, the corridors of Unit 1 of Building 28 are interconnected, and there is also the possibility of harm.
However, according to the lawyer, the plaintiff is still a little "soft-hearted". Don't forget, the doors of the unit are open.
That is, all passers-by have the potential to become murderers. Therefore, only 81 households have been sued, which still seems a bit too little.
06
The judge was also anxious about the case, because of the large number of people involved and the complexity of the evidence, the court did not announce the verdict in court. It was not until December 29, 2017 that the Jinghu District People's Court of Wuhu City made a ruling.
It may be the most tiring day of a judge's life. The verdict was 112 pages long, and it took more than an hour just to read it.
First, the court held that there was liability in this case because there were six long-standing red bricks in the public area, but the properties were not cleaned up in a timely manner.
Next, the point is, do residents need to be held responsible?
In this regard, the court moved out of Article 87 of the Tort Liability Law.
Throwing objects from a building, or falling objects from a building, causing damage to others. Where it is difficult to determine the infringer, the user of the building who may have caused the harm shall compensate the building user who may have caused the infringement, unless it can be proved that he is not the infringer.
To put it simply, as long as you can't prove that the thrown object is not your own, you will be held liable.
07
The court sentenced 81 households and the property to jointly bear the plaintiff's losses, and compensated the deceased's family of 508671 yuan in total. Of these, 30% is borne by the property and the remaining 70% is borne by the residents. When the police find out who actually threw it, the defendant can recover it through legal means.
The plaintiff is very satisfied with the verdict.
However, the dead are comforted, but the living cannot understand.
The 81 households of the defendants raised a question: Why can 15 of the 28 buildings have 96 households exempt from liability?
In this regard, the judge gave the reason that the 15 residents had sufficient alibi to rule out the possibility of infringement.
There are 46 households that have submitted certificates, but where are the problems of the other 31 households?
It turned out that some of the other households who submitted alibi certificates were written certificates given by the unit, and some were individual households, with only human witnesses and no other objective evidence.
At this time, the importance of clocking in and out of work is reflected. And those who are self-employed can only consider themselves unlucky.
08
I wonder if you think such a verdict is fair?
Actually, it is right that this case is controversial.
The party that was brought in to be smashed must hope to be compensated. But if it is the owner's side, no one wants to be held liable for no reason.
Therefore, we can only hope that there will be less uncivilized behavior of throwing objects from high altitudes in life, and the householder should also urge the property to decorate surveillance and cameras, otherwise it is really unclear to encounter this kind of thing.
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