In today’s video, we’re going to discuss why you could be held responsible if your neighbor throws something out of the window.
With the implementation of the Civil Code in 2021, there have been updates to the tort law section, specifically regarding the act of throwing objects out of windows. According to this new law, even if you are not directly involved in such actions, you may still be held liable.
In situations where people are provoked, they often act without thinking, leading to serious consequences arising from impulsive and foolish behavior. Is your dog being too noisy? Let’s just toss it out the window! Having an argument with your boyfriend? How about throwing a beer bottle at him? Oops, missed! It flew over the balcony and now some unfortunate person downstairs needs medical attention on a stretcher.
When incidents like these occur, the police will investigate to identify the person responsible for throwing the beer bottle out of the window. However, let’s consider my apartment building as an example. It has over 40 floors, making it quite challenging to pinpoint the culprit.
If the police are unable to locate the individual who threw the object, then all potential throwers are required to compensate the victim on an equal basis, unless they can prove their innocence. Potential throwers encompass every resident residing on a floor facing the street or possessing a window.
Nevertheless, if you can establish that it was impossible for you to cause the accident, then you won’t be obligated to compensate the victim. For instance, living on the first floor would mean that the falling object wouldn’t possess sufficient force to cause serious harm. Similarly, providing evidence like CCTV footage showing you at the office during the incident would also serve as proof of your absence.
Additionally, if the property management office fails to demonstrate that they took necessary precautions to prevent such incidents, they will also share responsibility for the event. Installing roofs over pavements is an example of preventative measures that should be taken.