楼上落下物致人损害加害人不明的法律救济

Legal Remedy of Damage to People Caused by Fallen Objects from Upstairs with an Unidentified Injuring Person

工作物责任与抛物致人损害责任,为性质不同的两种责任。依现行法,前者为过错推定责任,后者为一般过错责任。楼上落下物致人损害不能确认加害人,并不构成共同危险行为,也不能适用公平责任,只能对受害人实行社会救济。

Work instrument liability and liability for damages to people caused by flung objects are two different liabilities. According to laws in operation, the former is liability for presumptive wrongs, and the latter is general liability for wrongs. When the damage to people is caused by fallen objects with an unidentified injuring person, it doesn＇ t constitute joint dangerous act and the equitable liability doctrine can not be applied either. The only means of relief to the sufferers is social remedy.