[Direct answer]In the Beijing area, when the specific infringer of the act of throwing objects from a height cannot be identified, the victim may request compensation from the users of the buildings that may have caused the harm. According to Article 1254 of the Civil Code of the People's Republic of China (effective January 1, 2021), it is prohibited to throw objects from buildings. Where it is difficult to identify the specific infringer, except where the infringer can prove that he/she is not the infringer, the users of the buildings that may have caused the harm shall provide compensation; property service enterprises and other building managers shall take necessary safety protection measures to prevent the situations mentioned in the preceding paragraph. Where they fail to take necessary measures, they shall bear the compensation liability for failing to fulfill their safety protection obligations according to law. In addition, public security organs shall promptly investigate and verify the facts, and property enterprises shall assist and provide surveillance materials, etc. Therefore, in practice, it is necessary to promptly fix evidence, report the case to the police, and promote the investigation. For reference onlyPersonal injury and medical disputesThe service description in the column.

1. Problem background and typical scenarios

Most of those who consult this issue are residents whose household items or vehicles have been damaged by objects thrown from a height, or who have suffered personal injuries. There are three common scenarios: it's impossible to determine the time and floor of the object being thrown; the surveillance cameras have blind spots or have been covered; and the property management refuses to cooperate on the grounds that they can't identify the perpetrator. The biggest challenge in practice is determining the scope of "potential harm" and providing evidence: on the one hand, residents need to prove that they are not infringers; on the other hand, they need to prove that there is indeed a fact of throwing objects. Therefore, it's particularly crucial to fix the evidence, including on-site photos, police reports, property management inspection records, and requests for surveillance footage. Another common problem is that the property management fails to take necessary safety measures. This responsibility can be claimed separately, and it's not conditional on whether the infringer can be identified.

II. Key points of dispute

Focus 1: Can the specific infringers be identified, including through surveillance footage and technical investigations? Focus 2: How to determine the scope of individuals who may have caused the damage to the building? Focus 3: How can property owners prove that they are not the infringers? Focus 4: Standards for fulfilling the security obligations of property management companies and determination of their fault. Focus 5: The relationship between the calculation of compensation amounts and actual losses. Focus 6: The obligation to cooperate with public security investigations. Focus 7: The possibility of recovering compensation from the actual infringers after compensation has been paid. For further reference, please see the following documents:Special services and other cases；Focus Eight: The rules for sharing responsibilities among multiple potential responsible parties. For specific rules on responsibility allocation, please refer to the relevant document.Real estate transactions and construction projectsThe instructions in the column.

III. Professional analysis by Henglue Lawyers

Judging from the experience of handling disputes over throwing objects from a height, there are two key stages in the progress of such cases. The first stage is evidence preservation: the retrieval of surveillance data often faces time pressure, and property management companies usually only keep video footage for a certain period of time. Therefore, after reporting the case, it is necessary to immediately apply in writing for the preservation of the surveillance footage rather than waiting passively. The second stage is the determination of the potential scope of harm. In practice, the scope is usually defined based on factors such as the floor level, the trajectory of the falling object, the characteristics of the thrown object, and the time of the incident, rather than simply claiming against all the residents of the entire building. The accuracy of the claims made in the lawsuit directly determines the outcome. If the scope is too broad and lacks evidence, it may not be accepted; if it is too narrow, it may overlook the true responsible parties. In addition, the determination of the property management company's liability typically focuses on whether it has taken necessary measures such as inspections, warnings, isolation, and technical prevention measures, rather than whether it can identify the infringer. This makes it easier for such liability to be supported.

IV. Practical suggestions and legal basis

Action suggestions: 1. Report the incident to the police immediately and request an on-site investigation and registration; 2. Submit a written request to the property management company to retrieve and preserve surveillance footage without waiting passively; 3. Photograph the scene and the damaged items, and retain the original photos and videos; 4. Check whether the residential community has warning signs against high-altitude throwing, isolation facilities, and inspection records; 5. Demand the property management company fulfill its obligation to ensure safety and verify whether it has performed its duties accordingly; 6. Assess the need to preserve relevant evidence; 7. Prepare calculation basis regarding the relationship between the compensation amount and the actual losses. Legal basis: Articles 1254, 1165, and 1183 of the Civil Code of the People's Republic of China (effective January 1, 2021); Related regulations on property management shall be based on the currently effective version; Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, there are time limits for retrieving surveillance footage. After reporting the incident, one should immediately apply for evidence preservation in writing. Second, if one can prove that they are not the infringer, they may claim exemption from liability and should therefore actively provide evidence. Third, the potential scope of harm needs to be determined based on objective factors such as the trajectory of the falling object, rather than making a general claim against the entire building. Fourth, the property management's obligation to ensure safety exists independently and does not require identifying the infringer as a prerequisite. Fifth, the public security organ should promptly investigate and verify the facts, and the victim should take the initiative to promote the process. Sixth, it is theoretically possible to seek compensation from the actual infringer after obtaining compensation, but it is difficult to do so in practice. Seventh, it is important to preserve all communication records and evidence to avoid affecting the protection of rights due to the loss of evidence.

VI. Frequently Asked Questions

Q1: If we can't find the person who threw the object from a height, do all the residents in the building have to pay compensation?

It's not the entire building, but the users of the building who may have caused the harm. According to Article 1254 of the Civil Code, if it's difficult to identify the specific infringer, except for those who can prove that they are not the infringers, the users of the building who may have caused the harm shall provide compensation. The scope is usually determined based on the floor, the trajectory of the falling object, and the characteristics of the thrown object. Therefore, residents should actively provide evidence to prove that they are not the infringers, rather than passively waiting.

Q2: How to prove that you're not a scumbag?

It can be proven by multiple pieces of evidence, such as the items in the home not matching the falling objects, the absence of the items on the floor, professional appraisals ruling them out, being out during the incident or lacking the conditions for throwing objects, and the presence of obstacles outside the window. The burden of proof lies with the party claiming exemption from liability, so it's very important to collect and preserve relevant evidence in a timely manner. If the property or relevant evidence can show that the location of the throwing objects is within a specific range, it can also be used as supporting evidence. The approach to organizing relevant evidence can be referred to for reference.Special services and other casesColumn.

Q3: Does the property management company have any responsibility in this matter?

It is possible to bear responsibility. According to Article 1254 of the Civil Code, property service enterprises and other building managers shall take necessary safety precautions to prevent such situations from occurring. If they fail to take necessary measures, they shall bear compensation liability for failing to fulfill their obligation of safety protection in accordance with the law. Whether to bear responsibility depends on whether they have installed isolation facilities, set up warning signs, conducted inspections and dealt with hidden dangers in time, and has nothing to do with whether they can identify the infringer.

Q4: How is the compensation standard calculated?

The property losses shall be calculated based on the actual losses, including repair costs and depreciation; personal injuries shall include medical expenses, nursing care fees, loss of income, transportation costs, and possible compensation for mental damage, which shall be determined in accordance with the rules on personal injury compensation as stipulated in Article 1179 of the Civil Code and other relevant provisions. It should be noted that the compensatory nature of the potential perpetrator is not entirely the same as that of tort compensation. When claiming compensation, the claimant shall submit the basis for calculating the losses and the relevant receipts, otherwise it will be difficult to obtain sufficient support.

Q5: Can we ask the public security organ to investigate who threw it?

Yes. The law requires public security organs to investigate and verify the case in a timely manner. In practice, it is recommended to explicitly request on-site investigation, registration, and retrieval of surveillance footage when reporting the case, and at the same time submit a written investigation application, stating the time, location, falling trajectory, and possible floor range. If the public security organ refuses to file a case or makes excuses, you can report it to the higher-level public security organ or seek legal remedies. Taking the initiative to promote the investigation is more effective than passively waiting.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.