A Brief Discussion on Legal Issues Concerning Tort Liability for Objects Thrown from High Altitudes

Abstract

With the advancement and development of the Internet era, people's standard of living has steadily risen, and urban infrastructure has been continuously upgraded, giving rise to numerous high-rise residential buildings. As the number of such high-rise residential complexes in China has grown, incidents involving injuries caused by objects thrown from heights have also increased. Following the promulgation of the Civil Code, the relevant regulations governing the throwing of objects from heights have been amended, sparking intense discussion across international and domestic communities. Compared to the former Tort Liability Law (which has been repealed), the Civil Code establishes clear provisions regarding the determination and allocation of tort liability. This article aims to analyze the current state of tort liability for the throwing of objects from heights in China from a civil law perspective—specifically examining the principles of imputation of liability and the determination of such liability—while also conducting a comparative study of relevant foreign legislation on this issue, and on this basis, proposing practical recommendations.