[Direct answer]The falling of a billboard and injuring a pedestrian constitutes damage caused by falling objects from buildings, and the fault presumption applies according to Article 1253 of the Civil Code (effective from January 1, 2021): the owner, manager, or user of the billboard must prove that they are not at fault. If they cannot prove it, they shall bear tort liability; pedestrians do not need to prove the specific fault of the other party, but only need to prove that the damage was caused by the falling objects. The scope of compensation includes medical expenses, loss of income, and nursing care fees, etc. According to Article 1183, if serious mental damage is caused, the victim may claim compensation for mental distress. The statute of limitations is three years. The injured person should immediately call the police for medical treatment and fix the evidence at the scene, and may first file a lawsuit through the court.Legal services for personal injury and medical disputesEvaluate the claim scheme, or visitBeijing Henglu Law FirmGain experience in handling affairs.

I. Problem Background and Typical Scenarios

The rooftop billboards, large-scale fonts on the outer walls, and storefront lightboxes of shops along the street are exposed to the elements for years. Incidents of falling objects injuring people after extreme weather such as strong winds and heavy rain occur frequently. Typical scenarios include: billboards on the exterior walls of shopping malls being blown down by strong winds and injuring pedestrians; storefront lightboxes falling at night and hitting vehicles or pedestrians; and components falling during the renovation of advertising facilities, causing injuries. The parties responsible for such disputes often involve multiple parties - the billboard owners (advertisers), managers (property companies, advertising production and maintenance companies), and users (shop operators) - who blame each other after the incident, and victims often do not know who to turn to. The injuries range from soft tissue bruises to fractures and brain injuries, and there are also significant disputes over compensation items and amounts. If not handled properly, the cases are likely to drag on for a long time without a resolution.

II. Key points of contention

  • Determination of the responsible party: Who is responsible among the owners, managers, and users depends on who actually controls and has the obligation to maintain; when the property management company says "it's not our installation" and the advertiser says "we have already entrusted the maintenance", it is necessary to use the approval and filing records, lease contracts, and maintenance records to identify the responsible party, and if necessary, to list the relevant parties as co-defendants.
  • Presumption of Fault and Defense of Exemption from Liability: Article 1253 implements the reversal of the burden of proof, and the defendant must prove that he has fulfilled his obligation of regular inspection and maintenance; the defenses of exemption from liability such as force majeure, third-party causes, and the victim's intentional acts put forward by him shall be strictly evaluated by the court. Generally, ordinary weather conditions such as wind and rain do not constitute force majeure.
  • The gap in compensation amounts: The core of the disagreement between the two parties lies in the disability rating, the certificate of loss of working time, and the standard for calculating compensation. The total amount of compensation for those who are disabled and those who are not can vary by several times; if the other party refuses to fulfill the judgment, you can apply for compulsory enforcement to recover the compensation. You can refer to the relevant provisions for more details.Creditor-debtor relations and enforcement case servicesEvaluate the execution path.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm's practical experience in handling cases involving injuries caused by falling objects focuses on three key aspects. First, identifying the responsible parties: Through on-site photos, approval and filing information for outdoor advertising facilities, store leases, and advertising production and maintenance contracts, we clarify the roles of owners and managers. Outdoor advertising facilities typically require administrative approval or filing, so lawyers can apply for court investigation orders to retrieve approval and maintenance records, which not only help identify defendants but also directly reflect whether the other party has fulfilled their maintenance obligations. Second, quantifying the damage consequences: After the injury stabilizes or treatment ends, promptly apply for a disability assessment, while simultaneously preserving medical bills and proof of lost income and work time. Compensation calculations refer to the provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (effective May 1, 2022), and are determined based on the relevant statistical data of the previous year in the jurisdiction of the court. Third, procedural strategies: It's common for responsible parties to shift blame to each other. By suing all possible responsible parties at once, the court can determine the allocation of responsibilities after investigating the facts, thus avoiding omissions that could lead to an ineffective judgment. For more handling approaches to similar cases, please refer to the following document:Legal services for personal injury and medical disputes.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1253 of the Civil Code (effective January 1, 2021) stipulates that if buildings, structures, or other facilities, as well as their stored or hanging items, fall or drop and cause harm to others, and the owner, manager, or user cannot prove that they are not at fault, they shall bear tort liability; Article 1179 specifies the scope of personal injury compensation, including medical expenses, nursing care fees, transportation costs, nutritional expenses, and income lost due to work interruption. For cases involving disability, it also includes disability compensation and assistive device costs; Article 1183 supports claims for compensation for severe mental harm caused by infringements on natural persons' personal rights; Article 188 stipulates a three-year statute of limitations, which begins from the date when the right holder knows or should have known that their rights have been infringed and the obligee's identity has been identified. At the practical advice level: Report the incident to the police and seek medical treatment immediately after the incident. Retain the 110 police response records, on-site photos, and surveillance footage (which typically have a retention period of only 15 to 30 days), and apply to retrieve them as soon as possible. Submit written claims to the property management company, shops, and advertising companies and keep records of the claims. Seek disability assessment promptly after treatment ends. If mediation fails, file a lawsuit as soon as possible, and avoid replacing verbal advance payment promises with written agreements.

5. Henglu Law Firm's Advice

The outcome of handling cases involving injuries caused by falling objects depends on two things: securing evidence and identifying the responsible parties. Site photos, surveillance footage, and medical records determine whether the damage can be proven, while approval records and contract documents determine who to sue. When in doubt, it's better to list more defendants. Never move the remaining fallen components to destroy the scene, and don't trust verbal promises like "just pay some medical bills to settle the matter" without signing a written agreement. For billboard property owners and property management companies, regular inspections and complete record keeping are the only ways to prove their innocence after an incident. If encountering similar situations, it's advisable to consult a professional lawyer as soon as possible to protect your rights and interests through legal means.Beijing Henglue Law FirmMake an appointment for an assessment and seize the opportunity to claim compensation.

Q1: If a billboard injures someone, who should be sued? Can we sue multiple parties?

It is possible to list multiple defendants. According to Article 1253 of the Civil Code, the owner, manager, or user of the building shall bear responsibility for the harm caused by the falling objects from the building. The party who actually controls and has the obligation to maintain the building shall compensate for the damages. If the installer, maintainer, and user cannot clarify their responsibilities, the three parties can be sued together, and the court will determine the party responsible for compensation after investigation. For evidence, it is possible to request to retrieve materials such as the approval and registration of outdoor advertising facilities, store leases, and production and maintenance contracts. Listing multiple defendants helps clarify the facts, avoid omissions in enforcement, and prevent the plaintiff from increasing the risk of losing the case. Ultimately, the court will determine the actual responsible party.

Q2: What evidence needs to be preserved after being injured by a blow?

There are five types of evidence that need to be secured as soon as possible: 1. **On-site evidence**: Photograph the location and condition of the falling object, as well as the surrounding environment. 2. **Police report**: The 110 police response receipt can prove the time and location of the incident. 3. **CCTV footage**: Request access from property management or shops. CCTV footage typically retains for only 15 to 30 days, so it should be requested immediately. 4. **Medical records**: Keep emergency medical records, diagnosis certificates, and medical bills intact. The medical records should indicate the injury cause as "being hit by a falling object," which is crucial for establishing causality. 5. **Contact information of witnesses**: The earlier the evidence is secured, the more proactive you can be in subsequent negotiations or litigation.

Q3: What items can I claim compensation for? Approximately how much compensation can I receive?

According to Article 1179 of the Civil Code, the compensation items include medical expenses, loss of income, nursing care expenses, transportation expenses, nutrition expenses, hospitalization meal subsidies, etc. For cases involving disability, the compensation for disability and the cost of assistive devices shall be provided. For cases causing serious mental harm, the compensation for mental distress may be claimed in accordance with Article 1183. The loss of income shall be calculated based on the actual income reduction and the duration of the loss of income; the compensation for disability shall be calculated in accordance with Article 12 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Personal Injury Compensation Cases (effective May 1, 2022), based on the per capita disposable income standard of urban residents in the previous year, and the calculation period shall be 20 years from the date of determining the disability. For those over 60 years old, the calculation period shall be reduced accordingly. The specific amount depends on the disability grade and the income certificate.

Q4: How long does it take to get compensation in this kind of lawsuit?

In terms of the procedural cycle: For cases applying the simplified procedure, the trial shall be concluded within three months from the date of filing; for cases applying the ordinary procedure, the trial shall be concluded within six months; if either party appeals, the second-instance court shall conclude the trial of the case within three months from the date of filing. Choosing pre-litigation mediation is usually faster. After the judgment takes effect and the other party voluntarily performs the obligation, the payment cycle shall be based on the performance period specified in the judgment; if the other party refuses to perform the obligation, the applicant may apply for compulsory enforcement. If the debtor has property, the seizure, freezing, and deduction of the property can usually be completed within a few months. The overall common cycle is half a year to one and a half years. It is reminded that the statute of limitations is three years. Do not miss the statute of limitations due to delaying the negotiation.

Q5: The other party is only willing to pay for the medical expenses but refuses to admit any other responsibility. What should I do?

There are three steps to follow: First, list all compensation items in writing—including compensation for loss of income, nursing care, nutrition, follow-up treatment, and disability compensation—and set a deadline for a response to avoid being misled by discussions focused solely on medical expenses. Next, apply for people's mediation or pre-litigation mediation in court. The resulting mediation agreement can be applied for judicial confirmation to obtain enforceable legal force. If mediation fails, promptly initiate litigation. For cases where treatment has not yet concluded and the medical expenses gap is significant, you can legally apply for advance enforcement of part of the medical expenses. Special reminder: Do not sign a one-time settlement agreement before the disability rating assessment, as this will preclude the possibility of making claims after the disability assessment is completed.

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. →Personal injury legal services·Beijing Henglu Law Firm