On the evening of April 28, the Nansha Sub-district Office of the People's Government of Nansha District, Guangzhou City reported:
On the afternoon of April 27, a high fall occurred in a shopping mall under the jurisdiction of Nansha Street. According to the investigation by the public security organs, at about 16 o'clock that day, Li (female, 52 years old) jumped from the 5th floor of the shopping mall and scratched a passer-by in the shopping mall, and Li died on the spot. Passers-by suffered minor injuries and were discharged from the hospital after examination.
After visiting and investigating, it was found that Li had recent mood swings due to emotional problems. At present, the relevant departments are actively doing a good job in the aftermath.
Screenshot of surveillance video
According to reports, the surveillance of the mall showed that at 4:27 pm on April 27, 2024, in the Zhonghai Unipark shopping mall in Nansha District, Guangzhou City, a woman moved a stool and tried it down several times, then suddenly stepped over the guardrail, jumped down screaming, and injured another woman who was shopping in the mall.
How should the responsibility be divided when jumping off a building and hitting someone?
- From the point of view of criminal responsibility
A person who jumps off a building and commits suicide generally does not have the intention to harm others, but if he intentionally commits suicide by jumping off a building in a crowded place, it may be considered as intentional; if the person who jumps survives, it needs to be specifically determined to bear criminal responsibility, and if the person who jumps off the building dies in this accident, there is no way to pursue criminal responsibility.
- From the point of view of civil liability
If the person who jumps off the building is a person with no or limited capacity for civil conduct, his guardian shall bear the civil liability for compensation; if the person who jumps off the building is a person with full capacity for civil conduct, the heirs of his estate shall use the estate of the person who jumped off the building to bear the liability for compensation to the victim who was smashed.
- Mall side
Article 1198 of the Civil Code stipulates that if the operator or manager of a hotel, shopping mall, bank, station, airport, stadium, entertainment venue, etc., business premises or public place or the organizer of a mass event fails to fulfill the obligation of safety and security and causes damage to others, he shall bear tort liability. Managers or organizers may recover compensation from a third party after assuming supplementary liability.
Source: Qilu Evening News Editor: Ruowen Editor: Lai Ting Review: Lu Hongmei
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