HW Legal
Almost all of us have wondered at some point what the consequences might be of an object being thrown or falling from a window. But who is liable for the harm a fallen object causes? Does it always have to be just one person? In this article, let's go through who is liable in these situations.
Who is liable for a fallen flowerpot?
Under the Civil Code, the person who was in charge of the object is liable for an object that falls or is thrown from a window. This liability therefore falls on the person who had the object, for example the owner of the flowerpot, the flower, or some other item.
When is the owner of the object liable?
If it isn't possible to identify the person who was supposed to be in charge of the object, the owner of the object is liable for the damage. Liability therefore does not rest on just one person, but can also be assigned to others involved.
Joint and several liability
If someone threw an object out of a window or failed to keep proper charge of it, they are not necessarily the only one liable for it. Liable alongside that person can be whoever uses the room or space in question (for example the window the object fell from). This might be, for instance, the tenant of a flat or someone using the space without authorisation.
And what if no specific person can be found?
Where the specific person responsible for the object cannot be traced, liability can be shifted onto the owner of the property, for example the owner of the flat or house. That person is then liable for the harm caused if no other liable person can be identified.
Do I have to prove who put the flowerpot on the windowsill?
For liability for the harm to arise, it has to be proved that the object really was thrown or did fall, that harm was caused, and that there is a causal link between the object and the harm caused.
There is no need to prove a specific person
There is no need to prove who exactly put the flowerpot on the edge of the sill or who threw the object out of the window. If the direct wrongdoer can be identified, that is the person who threw the object out of the window, then they are directly liable for the harm.
What about plaster or other parts of a building falling?
Harm caused by an object thrown or fallen from a window is the responsibility of the person in charge of the object, but if a part of the building falls, such as plaster or a cornice, the owner of the building is liable. This kind of liability is not interchangeable with liability for an object falling from a window.
Can the liable person get out of liability?
The person who was supposed to be in charge of the object can, in certain cases, prove that they did not neglect that charge, and thereby be relieved of liability. The person who uses the space the object fell from, however, cannot get out of liability this way. They can only defend themselves where the risk of the object falling could not have been averted.
Conclusion: what to do if you suffer harm
If you or your loved ones suffer harm because of an object falling from a window, it is important at least to find out the address of the building the object fell from, and to photograph the aftermath on the spot. It can also be useful to find out who uses the particular room or space, if that is possible.
Do you need legal help dealing with a situation like this? Don't hesitate to get in touch; we will help you assess and make your claims.