On The Liability Of The Property Company In The High-altitude Parabolic Tort

High-attitude parabolic tort has become a social problem in recent years.Article1,254 of the Civil Code has improved on the base of Tort Liability Law,and the second paragraph stipulates the responsibilities that the property company should bear.However,since this paragraph is essentially a referral clause,the responsibility of the property company in the tort of throwing objects at high altitude has been shifted to the responsibility of the operator for breaching the obligation of safety protection in Article 1198 of the Civil Code.This reveals on the one hand the legal basis of the property company’s tort liability for parabolic at high altitudes,and on the other hand,it also reveals that if the responsibility should be bore by the property company and in what kind,the fundamental need to start with the safety guarantee obligation and its violation.Generally,the security obligation of a property company may come from the agreement signed with the owner of the property contract,or it may come from the provisions of laws and regulations.In the high-altitude parabolic infringement,according to the different stages of danger –before,during and after the occurrence of danger,the safety guarantee obligations that the property company should perform can be divided into four content: daily prevention obligations,danger warning obligations,timely prevention obligations,and rescue and prevention obligations.From these four aspects,it is determined whether the property company has violated the corresponding security obligations.In practice,the electronic monitoring equipment,security personnel of the property company,the number of damages,the timeliness of rescue behavior and other diversified considerations can be used for the property company of judging the performance of the safety guarantee obligation.Certainly,given that the obligation of safety protection exists in social interactions,in order to avoid excessive unnecessary interference in the behavior of the property company and the performance of its duties,it is necessary to introduce the principle of predictability when determining whether it violates the obligation of safety protection,which reasonable limits for its fulfillment of security obligations.In terms of liability,according to whether the damage caused by high-altitude parabolic behavior is involved in a third party,moderate liability caused by high-altitude parabolic behavior of the property company can be divided into liability and supplementary liability.The former is the responsibility of the property company based on the breach of the safety guarantee obligation.The scope of compensation is based on the principle of full compensation,that is,full compensation for the personal and property damage suffered by the victim;the latter one,when there is a specific infringer or a building user who may cause harm,the property company shall be liable for a breach of its security obligations,and shall determine the scope of supplementary liability based on the degree of its fault.Enjoy and exercise the right of recovery after assuming supplementary responsibilities.