[Direct answer]If the specific infringer cannot be identified, the law has other provisions: According to Article 1254 of the Civil Code of the People's Republic of China, if any damage is caused to others by objects thrown or falling from buildings, the infringer shall bear the tort liability according to law; if it is difficult to identify the specific infringer after investigation, except for those who can prove that they are not the infringers, the users of the buildings who may have caused the damage shall provide compensation, and they shall have the right to recover the compensation from the real infringers after compensation; if the property service enterprises and other building managers fail to take necessary safety precautions, they shall bear corresponding responsibilities according to law; the public security organs and other agencies shall investigate and identify the responsible persons in a timely manner according to law. Therefore, you should immediately call the police, seek medical treatment, and fix the evidence of the falling objects and the scene. Within the three-year statute of limitations, you should sue the possible infringing households and property companies. Beijing Henglue Law FirmPersonal Injury and Medical Dispute TeamIt can assist in determining the scope of the defendants. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 1254 of the Civil Code of the People's Republic of China (effective January 1, 2021)

The article establishes three remedies for disputes over objects thrown or dropped from a height: First, if the infringer is identified, the infringer shall compensate according to the general tort liability; Second, if it is difficult to determine the specific infringer through investigation, the users of the buildings that may have caused the damage shall provide compensation, and the burden of proof is reversed - the defendant must prove that "it's not me", otherwise he shall share the compensation; Third, if the property and other building managers fail to take necessary safety protection measures, they shall bear the responsibility corresponding to their fault. The article also stipulates that public security organs and other agencies shall investigate and identify the responsible persons in accordance with the law, and the police's investigation materials will therefore become important evidence in civil litigation. It should be noted that the article uses the word "compensation" rather than full compensation. The court usually determines the amount of compensation on a per-household basis, and after each defendant compensates, he may seek recourse from the identified infringer.

2. Article 291 of the Criminal Law of the People's Republic of China (effective from March 1, 2021)

Anyone who throws objects from buildings or other high places, if the circumstances are serious, shall be guilty of the crime of throwing objects from a height and shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention, or control, and shall be fined or punished separately. Although throwing objects and natural falls are different situations, if the thrown objects cause serious injury or death to others, it may constitute the crime of causing serious injury to others by negligence, the crime of causing death to others by negligence, or even the crime of endangering public safety by dangerous methods. The practical value of criminal procedures lies in the following aspects: the on-site investigation, the retrieval of surveillance footage, and the examination of trace evidence are carried out by public authorities. Once the specific infringers are identified, the civil compensation will be clear, and there is no need to initiate a household compensation mechanism. The victims' claim path will also be more direct.

3. The interpretation of the case by the actual adjudicators

The court's processing order is usually as follows: First, verify the surveillance footage, fingerprints, DNA, and the materials and trajectory of the falling objects to try to identify the suspect residents; if this is not possible, the residents above the falling point who may have committed the crime will be listed as defendants, and they will be required to prove their innocence one by one, showing that the house was vacant at the time of the incident, the windows were closed and could not be opened, or that the falling objects were not related to their private areas, which may exempt them from liability. The property management's responsibility will be examined to see whether they installed and maintained surveillance cameras, and whether they fulfilled their obligations of conducting inspections and repairing external wall attachments. Common situations where claims are not supported include: suing distant residents who have no connection to the falling objects based solely on speculation; failing to report the incident to the police, resulting in the inability to reconstruct the scene facts; and suing too late, resulting in the surveillance footage being overwritten during the incident period.

II. Henglue Lawyer's Practical Experience

Based on Henglue's practical observations in handling cases involving falling objects from high altitudes and personal injuries, the common disputes in such disputes are: the residents of the entire building shirk responsibility, and the defendants defend themselves by saying "the windows have not been opened for years" and "the house has been rented to others"; the property management refuses to take responsibility on the grounds that the falling objects come from the owners' exclusive parts; the victims' injuries are serious, but due to the loss of evidence, they are trapped in a stalemate where "who threw it is unclear". The overall tendency of judges is to prioritize restoring the facts: police reports, monitoring retrieval situations, and the results of the examination of the falling objects determine whether the case follows the path of "identifying the infringer to compensate" or "households sharing compensation".

There are four pitfalls that people are most likely to fall into when dealing with such cases: First, they only seek medical treatment without reporting the case to the police in time. The scene is cleaned up and the fallen objects are discarded, making it impossible to conduct investigations afterwards; Second, they only sue the property management company instead of the possible perpetrators, resulting in a narrow range of defendants and no one being held accountable; Third, they ignore the surveillance cameras of surrounding shops and the driving recorders of passing vehicles, missing the opportunity to retrieve relevant evidence; Fourth, the property management company verbally promises to "take full responsibility" but fails to provide written records, making it difficult to provide evidence when they renege on their promise afterwards. After the incident, people should immediately report it to the police, photograph the full scene and the details of the fallen objects, and request the property management company and the police to retrieve and preserve the surveillance footage in writing. After the victim's condition stabilizes, they should promptly determine the range of defendants and file a lawsuit. The following reference materials can be used for reference:Legal services for personal injury and medical disputesEvaluate the claim path.

III. Frequently Asked Questions

Q1: If I can't find the person who threw the object, can I still get compensation?

There are two approaches. First, according to Article 1254 of the Civil Code, the user of the building who may have caused the harm can be sued. Unless they can prove that they are not the infringer, they shall compensate the victim for the losses. After the compensation, they can seek recourse from the identified perpetrator. Second, if the property management company fails to fulfill its obligation of ensuring safety, it shall bear corresponding liability according to its fault. Both approaches can be pursued in parallel. The more accurate the scope of the defendant and the more complete the evidence are, the higher the probability of obtaining compensation. However, it should be noted that the court orders "compensation", and the amount is usually determined by the court on a proportional basis.

Q2: What should you do first after being injured by a blow?

The order is to call the police, seek medical treatment, and secure evidence. Calling the police ensures that the police investigate the scene, interview surrounding people, and keep the police response records; seeking medical treatment preserves all medical records, examination reports, and diagnosis certificates; at the same time, take photos of the falling objects, the falling location, and the traces of the impact, properly preserve the actual objects of the falling objects, record the contact information of the witnesses, and request the property management in writing to immediately preserve the surveillance footage during the incident. Whether these tasks can be completed within a few hours often determines whether the responsible person can be identified in the case.

Q3: Do all the residents in the building need to compensate? How much does each person need to pay?

It's not the entire building, but the "potentially responsible building users" above the fall point. If the defendant can prove that the house was unoccupied at the time of the incident, the windows were closed and could not be opened, and the falling objects were not related to their exclusive areas, they will be exempt from liability. The remaining defendants will share the compensation proportionally, and the specific amount will be determined by the court based on the number of households, the total amount of losses, and the possibility of fault, usually in equal or nearly equal shares. If the real culprit is identified after the residents have compensated, they can seek compensation from him or her, so there's no need to worry about being "blamed for others' mistakes" and unable to get compensation.

Q4: Under what circumstances should property management companies be held liable?

The property management company has an obligation to ensure the safety of the common areas and public spaces of the building. If the external walls, billboards, or public facilities are neglected and fall down without being repaired, if the surveillance cameras are damaged for a long time and cannot be retrieved, or if the property management refuses to cooperate with the investigation after the incident, the property management may be held liable for the damages corresponding to its negligence. However, if it can be determined that the falling objects clearly come from the owners' exclusive areas and the property management has fulfilled its reasonable obligations, the property management will not be held liable. The court will review the inspection records, maintenance records, and the operation and maintenance of the surveillance cameras to determine whether the property management has fulfilled its duties.

Q5: What should I do if the police can't find the person after I report the case?

The public security investigation records themselves are key evidence in civil litigation, which can prove that the victim has exhausted all means to identify the infringer. If the specific infringer cannot be found, it is possible to sue the possible perpetrators and property management companies based on the report receipt, investigation materials, and injury evidence. The court will not refuse to hear the civil compensation request just because the criminal case has not been solved. The statute of limitations is three years. Initiating a lawsuit as soon as possible will help the court obtain surveillance footage and resident information that have not yet been covered, while delaying it will only lead to further loss of evidence.

IV. Suggestions for Protecting Rights

  • After being injured, immediately call the police and request an investigation of the scene. Do not clean up the fallen objects and traces before the police arrive.
  • Take photos and videos of the scene, preserve the actual objects of the falling items, and note down the contact information of the witnesses.
  • The written requirements stipulate that the property management company must preserve and retrieve the surveillance footage from the time of the incident, and keep the delivery receipts to prevent the evidence from being lost afterwards.
  • When filing a lawsuit, the potential perpetrators and the property management company will be listed as defendants, thus expanding the scope of compensation protection.
  • Seize the three-year statute of limitations and entrust an appraisal as soon as possible after the treatment is stabilized. For more details, please refer to the following pathwaysBeijing Henglu Law Firm.

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