[Case Summary]This case involves a dispute over liability for damage caused by falling objects. On May 7, 2021, while Wang * was walking his dog in the residential community, a window from Building No. 8 fell from a height and hit him. After being frightened, Wang * sought medical treatment and subsequently sued the tenant of Building No. 8, Cui *, and his father, Liu *, demanding that they bear joint tort liability and compensate him for loss of income and mental distress, totaling 66,000 yuan, as well as issue a written apology. The two defendants appointed Henglu Law Firm's Henglu Lawyer to represent them in the defense. The core disputes focus on whether the plaintiff suffered actual damage from the falling window, and whether the two defendants are the managers and owners of the windows and doors in question. Applicable legal provisions: Article 1253 of the Civil Code of the People's Republic of China.

I. Review of the case

Family members or individuals themselves have been startled or even injured by falling objects from high altitudes in residential communities. Many residents' first reactions are "How to compensate for injuries caused by falling objects from high altitudes?", "Who is responsible for windows falling off?", and "How to defend against being sued for throwing objects from high altitudes?". On May 7, 2021, at around 11 a.m., Wang was walking his dog in the residential community when a window from Unit 08 suddenly fell from a high altitude. Wang heard the sound and ran forward, only to see the window falling behind him. Afterward, Wang was shocked and unwell, and was accompanied by Cui's wife to the hospital, where all medical expenses were paid by Cui. Subsequently, Wang's family reported the case to the police station, which issued a notice of refusal to investigate and handle the case. Wang believed that Liu and Cui were ineluctably at fault for the falling object from high altitude and should bear joint tort liability for compensation, so he sued the two defendants in court, requesting them to pay a total of 66,000 yuan in lost wages and mental distress compensation, and to issue a written apology. The defendants, Liu and Cui, stated that the plaintiff did not suffer substantial damage in the accident, that the two defendants were not the managers or owners of the windows and doors of the involved houses, that no one had tampered with the windows on that day, and that the windows had fallen due to strong winds. They also claimed that the plaintiff's claims lacked factual and legal basis, and that they had already apologized and taken the plaintiff to the hospital immediately after the incident.

II. The focus of the case

  • Focus 1: Whether the two defendants constitute the liability for damage caused by objects falling off or dropping, and whether they are the managers or users of the doors and windows involved in the case.The plaintiff alleges that the two defendants are responsible for the house No. 08 and should bear joint and several compensation. The determination of the responsible party is a prerequisite for this case.
  • Focus II: Whether the plaintiff's claims for loss of income and compensation for mental distress are supported by sufficient evidence to prove the actual damages caused.Whether the shock itself can be converted into compensable injuries and loss of working time is directly related to whether the compensation request can be established.
  • Focus Three: Whether the defendant's act of bearing the medical expenses is sufficient to cover the so-called liability for damages.The defendant claimed that he had provided humanitarian assistance and advanced the medical expenses, and the plaintiff then claimed that there was no basis for additional compensation.

III. Professional intervention by Hengluo Law Firm

The original complaint stated that:Wang * claimed that he was shocked by the falling window from a height and suffered from physical discomfort. The two defendants, as the responsible persons related to House No. 08, should bear joint tort liability for compensation, compensate for the loss of working time and mental distress with a total amount of 66,000 yuan, and make a written apology.

The defendant argued that:The two defendants claimed that the plaintiff did not suffer any substantial damage in the accident, that they were not the managers or owners of the doors and windows of the house involved in the case, that the windows were blown off by strong wind on that day, and that they had apologized repeatedly and taken the plaintiff to the hospital for a medical examination immediately. They argued that the plaintiff's claims lacked factual and legal basis.

Hengluo Lawyer's Agency Opinion:After accepting the case, Hengluo Lawyers immediately communicated with the client and comprehensively reviewed the evidence. The lawyers learned that the No. 08 house was a government-owned housing unit rented by Cui * on April 3, 2021. At the time of the incident, the house was under renovation and had not been occupied for use; on December 17, 2021, Cui * completed the check-out procedure. Based on the facts and evidence, the lawyers argued that: Although the plaintiff claimed that the window fell due to Liu *'s careless handling, the evidence submitted by the plaintiff was insufficient to prove the existence of this fact; after the incident, Cui *'s wife accompanied the plaintiff to the hospital for examination and treatment and paid all the medical expenses. According to the existing examination results, it cannot be seen that this incident caused specific damage to the plaintiff, nor can it prove that it caused serious mental damage and loss of work time to the plaintiff; Cui * has already assumed compensation liability for the damage caused to the plaintiff by bearing the medical expenses. The plaintiff's further claims for loss of work time, compensation for mental damage, and written apologies lack factual and legal basis.

IV. Outcome of the case

In accordance with Article 1253 of the Civil Code of the People's Republic of China (Where a building, structure or other facility, or any objects placed or hung thereon, fall or drop and cause damage to others, and the owner, manager or user of the facility cannot prove that they are not at fault, they shall bear tort liability), and Article 1 of the Supreme People's Court's Interpretation on the Application of the Time Effect of the Civil Code of the People's Republic of China, the court rules as follows: Reject all the claims of the plaintiff, Wang *; the case acceptance fee of 1,450 yuan shall be borne by Wang * (already paid). That is to say, the two defendants do not need to compensate the plaintiff for any expenses, and Hengluo Law Firm successfully helped the client avoid all joint and several liability and the obligation to make apologies.

5. Henglu Law Firm's Advice

This case is represented by the professional lawyer team of Beijing Henglu Law Firm (practice license number: __________, subject to the document issued by the judicial administrative organ). In disputes involving falling objects from high altitudes or falling objects, the victim must provide evidence to prove the actual damage consequences and the infringer's fault; as users and managers of the house, they should maintain and repair hanging objects and shelving items such as doors and windows on a daily basis, and fix evidence such as surveillance footage and medical records promptly after the accident, in preparation for possible disputes. If encountering similar disputes, it is recommended to entrust professional lawyers as soon as possible to clarify the responsibility subject and the burden of proof.

VI. Common Questions and Answers about Liability for Damages Caused by Falling Objects

  1. Q:If a window falls from a high place and hits someone, who should bear the liability for compensation?
    A:According to Article 1253 of the Civil Code, if the dropping or falling of objects placed or hung on buildings causes damage to others, and the owners, managers or users cannot prove that they are not at fault, they shall bear tort liability. It is necessary to first determine the actual managers and users of the doors and windows involved in the case.
  2. Q:I was scared by a falling object from a height, but I didn't suffer any obvious physical injuries. Can I claim compensation for mental distress?
    A:The compensation for mental damage is based on the premise that serious mental damage has been caused. If there is only a scare, no substantial injuries, and no medical conclusions to support it, it is usually difficult for the court to support the claim for compensation for mental damage.
  3. Q:During the rental period, if a window falls, is it the landlord's or the tenant's responsibility?
    A:It should depend on who actually manages and uses the house. During the period of actual occupation and use, the tenant has the obligation to manage and maintain the doors and windows; if the owner cannot prove that there is no fault, he may also be held liable. The specific situation needs to be considered in light of the lease relationship and the determination of fault.
  4. Q:The other party is suing me for throwing objects from a height. How should I defend myself in court?
    A:The defendant should provide evidence to refute the plaintiff's claims, including whether the plaintiff has suffered actual damages, whether the defendant is the responsible party, and whether the defendant has committed any faults. The defendant should also collect evidence such as surveillance footage, witness statements, and medical records, and, if necessary, hire a professional lawyer to assist in the case.
  5. Q:The medical expenses have already been paid in advance. Can the other party still ask for compensation for loss of income?
    A:The medical expenses already paid only cover the actual medical expenses incurred; the plaintiff needs to provide evidence of the lost working time and the reduction in income to claim compensation for loss of working time. If the plaintiff cannot prove the loss of working time, even if the defendant advances the medical expenses, there is no obligation to pay additional compensation.