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Glass rain falls on Peking University Special Administrative Region Buildin
A glass curtain outside a building on Xuecheng Road in Sanxia District, New Taipei City, shattered without warning. A large number of glass shards fell from the sky onto the sidewalk, almost injuring passers-by. According to people, similar situations have happened three times before. Injuring passersby will have unimaginable consequences. The police said that the glass falling on the sidewalk has caused harm to public safety. They will ask the building management committee or the builder to solve the problem as soon as possible, and will report it to the New Taipei City Public Works Bureau for tracking.
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http://news.ltn.com.tw/news/society/paper/1074986
There are many high-rise buildings in modern cities. If the exterior wall tiles or glass of an apartment building peel off, injuring pedestrians or damaging vehicles on the roadside, should the management committee of the apartment building be liable for civil damages?
Paragraph 1 of Article 191 of the Civil Code stipulates: "If a building or other work on land causes damage to the rights of others, the owner of the work shall be liable for compensation. Provided that there is no defect in the installation or maintenance of the work, or the damage is not caused by This does not apply if the installation or storage is defective, or if due care has been taken to prevent damage." Therefore, in principle, the building owner is liable for damages for any infringement of the rights of others caused by his building, regardless of intentionality or negligence. The building owner can only prove that he has the proviso of Article 191, Paragraph 1 of the Civil Code. shall be exempted from liability for damages. Therefore, based on the facts of this article, if the glass curtain exterior wall of the building injures a passerby, the exterior wall of the building shall be deemed to be a common part in accordance with the Civil Judgment No. According to Article 10, Paragraph 2, the apartment building management committee is responsible for maintenance and repairs, and the apartment building management committee shall in principle bear civil liability for damages. As for how to determine that the building owner has exercised due care to prevent damage? Referring to the Taipei District Court of Taiwan's 104-year Beijianzi Judgment No. 12134, when the apartment building management committee learns that the tiles on the exterior wall of the building are peeling off, it should repair it as soon as possible or set up a protective net around the building to prevent damage. If an accident occurs, if you only post a notice and warning, you still have not fulfilled your duty of care and you will be liable for damages.