Owner's Strict Liability and Recourse Against Contractor for Falling Object Injury
Synthèse Legislator
Généré par l'IAA plaintiff, injured by a falling object from a building under construction, sued the building owner and the contractor for damages, grounding the claim in the owner's strict liability for things in custody and the contractor's fault, and the owner cross-appealed against the contractor. The court found that the owner, having custody of the entire building site and the responsibility to ensure its security, was strictly liable for damage caused by falling objects under the relevant article of the Civil Code, and since the owner failed to prove the damage was due to an external cause beyond their control or the fault of the victim, the owner's appeal against the initial judgment holding them liable was dismissed, while the owner's recourse against the contractor was upheld because the contractor, by failing to secure the construction site, was at fault and thus liable to indemnify the owner.
Regeste Legislator
Généré par l'IAOwner's Strict Liability and Recourse Against Contractor for Falling Object Injury: The court found that the owner, having custody of the entire building site and the responsibility to ensure its security, was strictly liable for damage caused by falling objects under the relevant article of the Civil Code, and since the owner failed to prove the damage was due to an external cause beyond their control or the fault of the victim, the owner's appeal against the initial judgment holding them liable was dismissed, while the owner's recourse against the contractor was upheld because the contractor, by failing to secure the construction site, was at fault and thus liable to indemnify the owner.