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April 17, 2015

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26 home owners count cost of falling flowerpot

A MAN whose car windscreen was smashed by a falling flowerpot has won his lawsuit against the owners of 26 apartments in a Minhang District residential building, any one of whom might have been to blame, a court ruled yesterday.

After discovering the damage to his vehicle in July last year, the plaintiff, surnamed Qi, contacted the police.

They determined that the smashed windscreen was likely caused by a pot falling from an apartment balcony.

After failing to identify a sole culprit, Qi contacted the building’s property managers and the neighborhood committee, and appealed for the owners of the flats — except those on the ground floor — to collectively pay him 1,700 yuan (US$275) to cover the cost of repairing the windscreen.

When they declined, he took the matter to the Minhang District People’s Court.

“I didn’t care about the money,” he said. “I filed the suit simply as a way to show people that they shouldn’t throw things out of their windows without thinking.”

The court agreed and ruled in Qi’s favor.

Presiding Judge Xia Wanhong said: “Since we could not determine who owned the plant pot, we considered it fair for all of the possible owners to share the liability.”




 

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