On June 4th last year, 10, an old man riding a bicycle was hit by a falling brick on the sidewalk outside Unit 1 of Building 28, the south area of Eton Mansion, Jinghu District, Wuhu City, and the old man died on the spot. Since the perpetrator has not been found, the victim's family brought a lawsuit to the people's court of Jinghu District, Wuhu City, demanding that 96 owners of the residential building (except the first floor) where the case occurred, as well as the residential property and developer * * * jointly bear the liability for compensation.
On July 25, the case was heard in the Jinghu District Court of Wuhu City. The victim's attorney demanded that the defendants be ordered to compensate the plaintiff for various losses totaling more than 520,000 yuan, and that the defendants be ordered to bear the litigation costs of this case.
Event: A 66-year-old man was killed by a falling brick.
At about 201610/in the early morning of October 4th 1 1, 6 6-year-old Bu bought a new mobile phone in a shop near Eaton Mansion in Jinghu District, Wuhu City. Bu Guiying was hit by a red brick falling from the sky while riding an electric car, and then suffered from cerebral hemorrhage. After examination by 120 medical staff, Bu Guiying died unfortunately on the spot.
After Bu Guiying's death, the police investigated the matter, spent several months on door-to-door investigation, and posted a reward announcement, but they never found any effective clues and could not determine who the perpetrators were.
Litigation: Family members claimed 520,000 yuan, and 176 people became defendants.
As the perpetrator could not be found, on the advice of legal aid lawyers, Bu's relatives decided to protect their legitimate rights and interests through litigation, and took the residential property, residential developer and 96 households 176 defendants to court to demand civil compensation.
The plaintiff believes that according to the Tort Liability Law, if an object thrown or falling from a building causes damage to others, and it is difficult to determine the specific infringer, in addition to proving that he is not an infringer, the user of the building who may have caused the damage should compensate him. Except for the first floor, 96 households on the 32nd floor of 1 unit belong to the users of buildings that may be endangered.
In addition, Bu's relatives believe that the residential property company has not fulfilled its management functions, and several housing developers have not yet transferred their ownership, and the developers are the "owners". Therefore, the residential property and developers are at fault for Mr. Bu's death and should be liable for compensation. They were also taken to court. Mr. Bu's relatives demanded that the defendant * * * bear compensation of more than 520,000 yuan.
Plaintiff's lawyer: The court should accept the plaintiff's appeal.
In court, some residents on this floor said that their houses were rough houses and there could be no red bricks. Some people say that their house is on the other side of the floor, and even falling objects will not hit Mr. Bu; Some owners also said that they were not at home when they went out on the day of the incident, and the property company said that it had repeatedly reminded and publicized high-altitude parabolic objects and had fulfilled its management obligations; Developers said that although some houses have not completed the transfer, but the houses have been sold, they can not be regarded as "owners." For some residents who failed to provide the original, the court refused to accept it and rejected the appeal of Futian Property.
Li Changzhi, the plaintiff's attorney, told Xin 'an Evening News, Anhui Net and Dawan Client that as the plaintiff's agent, he was satisfied with the verdict.
The victim's family expressed dissatisfaction and sentenced more than 80 households to bear civil liability for compensation, thus seeking justice for their father. We are only worried about whether it can be put in place.