Ar cle 1253 Where a building, structure, or another type of facility, or any object laid or hanged thereon,
comes loose or falls down and thus causes damage to another person, the owner, manager, or user shall
bear tort liability if it cannot be proven that he is not at fault. Where the damage is due to the fault of
another responsible person, the owner, manager, or user who has paid compensa on has the right to
indemni ca on against the responsible person.
Ar cle 1254 Throwing objects from within a building is prohibited. Where an object thrown from within a
building or falling o a building causes damage to another person, the tor easor shall bear tort liability in
accordance with law. Where it is di cult to iden fy the speci c tor easor upon inves ga on, any user of the
building who may have caused the damage shall make compensa on, unless he can prove that he is not the
tor easor. A user of the building who has paid compensa on has the right to indemni ca on against the
tor easor.
The manager of a building such as the property management service enterprise shall take necessary security
measures to prevent the occurrence of the incident speci ed in the preceding paragraph. Where no
necessary security measures are taken, it shall bear tort liability for failure to perform the obliga on of
providing security measures in accordance with law.
Where an incident as speci ed in the rst paragraph of this Ar cle occurs, the relevant authori es, such as
the public security department, shall mely conduct inves ga on in accordance with law and iden fy the
responsible person(s).
Ar cle 1255 Where a stack of objects collapses, rolls down, or slips down, and causes damage to another
person, the person who piles up the stack shall bear tort liability if he cannot prove that he is not at fault.
Ar cle 1256 Where damage is caused to another person due to an object stacked, dumped, or le on public
road so that the road is obstructed, the actor shall bear tort liability. The public road manager shall assume
the corresponding liability if he cannot prove that he has ful lled his du es such as the duty of clean-up,
protec on, and warning.
Ar cle 1257 Where a breaking or falling tree or a falling fruit causes damage to another person, the owner or
manager of the tree shall bear tort liability where he cannot prove that he is not at fault.
Ar cle 1258 Where excava on of the ground or repair or installa on of underground facili es is conducted in
a public place or on a public road, which causes damage to another person, the constructor shall bear tort
liability if he cannot prove that he has posted an obvious warning sign and taken safety measures.
Where an underground facility, such as a u lity access pit, causes damage to another person, the manager
shall bear tort liability if he cannot prove that he has ful lled his management responsibili es.
Supplementary Provisions
Ar cle 1259 In the civil law, the terms “not less than”, “not more than”, “within” and “expira on/expire on”
include the given gure; the terms “less than”, “more than” and “beyond” do not include the given gure.
Ar cle 1260 This Code shall come into force on January 1, 2021. The Marriage Law of the People’s Republic
of China, the Succession Law of the People’s Republic of China, the General Principles of Civil Law of the
People’s Republic of China, the Adop on Law of the People’s Republic of China, the Security Law of the
People’s Republic of
China, the Contract Law of the People’s Republic of China, the Real Right Law of the People’s Republic of
China, the Tort Liability Law of the People’s Republic of China, and the General Provisions of Civil Law of the
People’s Republic of China shall be repealed at the same me.
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