[Direct answer]In the Beijing area, the responsibility for injuries caused by the falling of building exteriors needs to be determined on a case-by-case basis. According to Article 1253 of the Civil Code of the People's Republic of China (effective January 1, 2021), if buildings, structures, or other facilities and their fixtures or hanging objects fall and cause harm to others, and the owners, managers, or users cannot prove that they are not at fault, they shall bear tort liability. Therefore, as managers, property service enterprises usually need to bear responsibility if they cannot prove that they have fulfilled their obligations of inspection and maintenance; if the falling objects belong to the external walls or attachments of the owners' exclusive parts, the owners shall bear corresponding liability according to their fault; if it is caused by defects in the construction quality of the house and is still within the warranty period, the corresponding responsibility shall be borne by the construction unit or the construction company. In addition, if the property service enterprise also violates its obligation of safety assurance, it shall also bear corresponding responsibility. Specifically, the current effective laws and regulations and judicial rulings shall prevail, and the above content can be referred to for reference.Personal injury and medical disputesThe service description in the column.

1. Problem background and typical scenarios

Most of those who consult this issue are homeowners and tenants in residential communities who have been injured by falling walls or glass. There are three common scenarios: the outer walls of older buildings falling and hitting pedestrians or vehicles; exterior wall decorative components falling during windy or rainy weather; and falling objects from high-rise buildings. These types of cases are difficult to gather evidence for: there are usually no witnesses when the falling occurs, and the scene may have been cleaned up after the incident. Therefore, the first step should be to promptly call the police to secure the scene and pay attention to preserving surrounding surveillance footage and photos. At the same time, it is necessary to check the building drawings and completion documents to determine whether the falling objects belong to the building itself, attached structures, or private parts, which directly determines the identification of the responsible party.

II. Key points of contention

First, the determination of the nature of the falling object—whether it belongs to the building itself, placed items, or exclusive parts. Second, whether the property service enterprise has fulfilled its obligations of inspection and maintenance. Third, the distinction between housing quality defects and natural aging. Fourth, the application of the warranty period and the quality assurance period. Fifth, the division of responsibilities among owners, managers, and users. Sixth, whether there is a need for recourse or subrogation between the property management company and the owners. Seventh, the calculation of the amount of damages and the need for appraisal. Eighth, the starting point of the statute of limitations. For specific rules on the division of responsibilities, please refer to the relevant provisions.Real estate transactions and construction projectsThe instructions in the column.

III. Professional analysis by Henglue Lawyers

From the experience of handling cases involving injuries caused by falling objects from buildings, the distribution of the burden of proof is the core of the case. The law applies a presumption of fault to the manager, which means that the property management company needs to provide evidence to prove that it has fulfilled its obligation of reasonable care. In practice, the materials that can prove its due diligence include inspection records, maintenance records, records of handling hidden dangers after discovery, and notification records. If the property management company has no inspection records or fails to handle repair requests for a long time, it is very easy to presume fault. In addition, the identification of construction quality problems usually requires professional appraisal: the appraisal can determine whether the falling object is a construction defect or natural aging, which directly determines whether the responsibility shifts to the construction unit. Therefore, when handling such cases, lawyers usually adopt a two-pronged strategy: on the one hand, they obtain drawings, completion materials, and maintenance records through information disclosure to build an evidence chain unfavorable to the property management company; on the other hand, they promote quality appraisal to provide a basis for the final determination of the responsible subject.

IV. Practical suggestions and legal basis

Action suggestions: 1. Report the incident to the police immediately and secure the scene, ensuring to preserve surveillance footage and photos. 2. Review the property management company's inspection and maintenance records to determine whether they fulfilled their obligations. 3. Request access to building drawings, completion documents, and maintenance records. 4. Seek professional appraisals regarding quality issues. 5. Verify the building's age and warranty period. 6. Assert claims against the scope of compensation and liable parties. 7. Ensure to exercise rights against other potential responsible parties. Legal basis: Articles 1253, 1165, 1179, and 1252 of the Civil Code of the People's Republic of China (effective January 1, 2021); Property management-related regulations based on the currently valid version; Specific provisions subject to currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, fixing the scene at the scene is the starting point, and it is essential to call the police and take photos. Secondly, the fault of the property management company is subject to presumption, and the burden of proof lies with the property management company. Thirdly, the appraisal of the building quality is a key step in determining the responsible party. Fourthly, the distinction between the warranty period and natural aging requires professional opinions to support it. Fifthly, it is necessary to check whether the falling objects belong to the common parts or the owners' exclusive parts. Sixthly, when multiple responsible parties exist, they should be included as much as possible to avoid omissions. Seventhly, attention should be paid to the statute of limitations and timely assertion of rights. Eighthly, if the faults of the construction party and the owners exist simultaneously, their actions and the connection with the damage should be identified separately to avoid omitting the responsible parties. Ninthly, the expiration of the warranty period does not exempt the manager from the obligation of ensuring safety, which is often misunderstood. The rights claims and responsibility division can be referred to for reference.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: If the exterior wall falls off and injures someone, does the property management company need to compensate them?

Generally, they need to bear corresponding responsibilities. According to Article 1253 of the Civil Code, if a building or its fixtures and hanging objects fall off or fall down and cause damage to others, and the manager cannot prove that he/she is not at fault, he/she shall bear tort liability. If the property management company cannot provide evidence to prove that it has fulfilled its obligations of inspection, maintenance, and hazard handling, it shall bear compensation liability. Therefore, the property management company's maintenance records and inspection records are key defense materials, and the relevant rights protection ideas can be referred to for reference.Personal injury and medical disputesColumn.

Q2: Is it the owner's responsibility or the property management company's responsibility?

It depends on the nature of the falling object. If it belongs to the main structure of the building or the attachments of the common areas, the property management company, as the manager, should bear corresponding responsibilities; if it belongs to the exterior wall decoration or hanging objects of a specific owner's exclusive part, the owner shall bear the responsibility according to his fault. In practice, the ownership of the falling object can be determined through construction drawings, completion materials, and on-site conditions. If it is difficult to determine, a professional appraisal can be applied for. The relevant identification ideas can be referred to for reference.Property transactions and construction projectsColumn.

Q3: Who is responsible for the old and peeling paint on the building?

The aging of a building itself does not necessarily exempt it from liability. The manager still has the obligation to inspect the building, identify potential hazards, and take timely measures to address them or issue warnings. If the manager fails to fulfill these obligations and consequently causes damage, they should still bear corresponding liability. If the damage is determined to be a construction quality defect and is within the warranty period, the responsibility may shift to the construction unit; if it has exceeded the warranty period, the responsibility will typically be shared by the manager or the owner based on their respective faults. Therefore, whether it constitutes aging requires determination through appraisal.

Q4: Can I ask the property management company to compensate for all the losses?

The liability ratio needs to be determined based on the degree of responsibility. Generally, the property management company only bears liability for compensation within the scope of its fault. If there are multiple parties responsible, the liability can be apportioned according to the degree of fault and the proportion of causation. For example, if the owner illegally hung items that led to their falling off, and the property management company failed to conduct inspections in a timely manner, the liability may be apportioned proportionally. Therefore, when making a claim, the liability ratio should be determined based on the appraisal conclusion and evidence of fault, rather than demanding full compensation. For specific calculation methods, please refer to the following link for more details:Business and contract disputes in enterprisesA column.

Q5: Nobody was present at the scene at that time. How could we collect evidence?

You can call the police to secure the scene and request a record. Save the surrounding surveillance footage, vehicle recorders, and images taken by passers-by. At the same time, take photos to record the falling objects and the traces of the impact. In addition, you can apply to retrieve the property inspection records, maintenance records, and related reports. If the vehicle is damaged, keep the repair list and the appraisal results. It should be noted that the longer the time elapses, the higher the risk of evidence loss, so it is necessary to deal with it as soon as possible. For evidence collection methods, you can refer to the following guidelines:Special services and other casesColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. In case of disputes, please consult a practicing lawyer in time.