The Chongqing Bottle Plunge: Jack’s Quest for Justice Amidst Urban Anonymity

On a serene evening in Chongqing, Jack was ambling along with his fluffy Samoyed, the city’s hum as their soundtrack. Abruptly, a clamor from above pierced the air—he paused and peered skyward. A lovers’ quarrel was unfolding in the heights of an apartment building. In a twist of fate, a beer bottle plummeted, striking Jack with a thud, and the world went dark.

Regaining consciousness was a luxury that eluded Jack for six months; he awoke to the sterile white of a hospital room, tethered to the silence of a coma. His memories of that night had vanished, leaving him to piece together the puzzle with the help of his wife, who recounted the bizarre tale of the airborne beer bottle.

Enraged and overwhelmed, Jack faced a mountain of medical bills—a cruel memento from the accident, compounded by the sting of unemployment. His company had let him go, leaving him adrift in a sea of debt.

Determined to seek justice and financial redress, Jack turned to the police. Alas, the alley where fate had taken a swing at him was devoid of CCTV—a blind spot in a city veiled by surveillance. The police, applying a mix of gravity and guesswork, narrowed the list of suspects to the residents of the 3rd to 6th floors—the trajectory suggesting that the lower floors lacked the altitude for such impact.

With the memory of a quarreling couple as his only clue, Jack could eliminate the bachelors on the 5th floor. Yet, three potential culprits remained, shrouded in anonymity. In a city that never sleeps, who then bears the burden of a bottle flung from the shadows? Jack was left to ponder his next move in a narrative where the assailant remained as elusive as the whisper of wind through the Chongqing streets.

 

Law In A Minute

Jack’s damages should be collectively compensated by the occupiers or owners of the 3rd, 4th, and 6th floors, while those on the 5th floor should be exempt from liability as they do not fit the profile of a quarreling couple. This situation typifies instances where injury is caused by an object descending from a building when the responsible party remains unidentified.

According to China’s Tort Law, in the absence of a clearly identified offender, all owners or occupiers are held collectively accountable for compensating the victim, except for those who can demonstrate otherwise. In this scenario, unless the parties from the 3rd, 4th, and 6th floors can provide evidence to the contrary, such as verifying they were not present at the time of the incident, they are jointly obligated to cover Jack’s medical expenses.

Additionally, after the update in the Civil Code in 2021, 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.

 

Legal Basis

China’s Tort Law

Article 1198

Operators, managers of business premises, and public places such as hotels, malls, banks, stations, airports, stadiums, entertainment venues, or organizers of mass events, who fail to fulfill their safety obligations, resulting in harm to others, shall bear tort liability.

If a third party’s actions cause harm to others, the third party shall bear tort liability; if the operator, manager, or organizer fails to fulfill their safety obligations, they shall assume corresponding supplementary liability. After the operator, manager, or organizer assumes the supplementary liability, they may seek indemnification from the third party.

Article 1254

Throwing objects from buildings is prohibited. If the throwing of objects from a building, or objects falling from a building, causes harm to others, the person at fault shall bear legal tort liability. If the specific individual at fault cannot be determined after investigation, except for those who can prove they were not the perpetrator, the users of the building that could have caused harm are to provide compensation. After compensating, these users have the right to seek recourse from the person at fault.

Property management companies and other building managers should take necessary safety precautions to prevent the aforementioned situations. If they fail to implement the necessary safety measures, they shall bear tort liability for not fulfilling their safety obligations according to the law.