How much compensation does it cost if a potted plant on the balcony is blown down by a typhoon and hits someone? Legal liability and home protection instructions for disasters caused by strong wind flying objects

The balcony on a typhoon day is like a missile launch pad

You may have never thought that the pots of succulents on the balcony that you take good care of, the stainless steel clothes hangers hanging on the railings, or even the plastic laundry basket that has been used for several years may become "missiles" in strong winds above level 10. The gust speed of a typhoon can exceed 40 meters per second or even higher. This speed is enough to blow a three-kilogram pottery pot off the tenth floor balcony and smash to the ground at a speed of nearly 100 kilometers per hour.

Don’t think, “My potted plant is too heavy to blow away.” Physically, the force exerted by wind on an object is directly proportional to the windward area of ​​the object. A wide-mouthed fern pot may have a windward area of ​​20 to 30 centimeters square, and the force it will bear under the action of a sudden strong gust of wind is far beyond your imagination. Not to mention those thin plastic boards, clothespins, cardboard boxes, and Styrofoam boxes, which look like they have wings in strong winds.

Legally, you cannot escape liability for compensation

Many people think that typhoons are natural disasters and they should not be held responsible if things are blown away and hit people. But in fact, Taiwan’s law does not look at it this way.

According to Article 191 of the Civil Code, if the "installation or maintenance" of a building or other work is defective, causing damage to the rights of others, the owner of the work shall be liable for compensation. The potted plants and sundries on the balcony belong to your "work". If you did not secure or store them properly before the typhoon came, the court is likely to find that you were deficient in "storage".

In addition, Article 16 of the "Apartment Building Management Regulations" also stipulates that residents are not allowed to pile up debris or set up facilities that hinder public safety on exterior walls, rooftop platforms, fireproof alleys, etc. If there are illegal iron frames and flower stands hanging on your balcony, you will not be able to shirk the legal responsibility for these things falling and injuring people.

In practice, the amount of compensation awarded by the court depends on the degree of injury. Minor injuries may cost tens of thousands of dollars in medical expenses and emotional comfort. If serious injuries or death result, the compensation amount can reach millions of dollars. You may even face criminal liability for negligent injury or wrongful death.

Balcony storage checklist before typhoon

After the typhoon warning is issued, before the wind and rain intensify, spend thirty minutes tidying up the balcony:

You should also pay attention to the public areas of the community management committee

In addition to your own balcony, public areas in the community are also high-risk sources of flying objects. Things that the Management Committee or the Director-General should do before a typhoon include:

• Inspect the rooftop platform and fix or remove tables, chairs, flower pots, barbecue grills and other items in public areas
• Check whether the advertising signs and light boxes on the exterior of the building are secure
• Confirm whether the scaffolding, fences and safety nets under construction are reinforced and fixed
• If there is any uncertainty, you can call the 1999 citizen hotline to report it to the Municipal Works Bureau for assistance in inspection

Can I apply for insurance compensation for damage caused by flying objects?

If your car or house is damaged by objects flying from other people's homes, you can first apply for compensation through the "Typhoon and Flood Insurance" rider of your residential fire insurance (provided you have this rider). If the car was smashed, check whether your car insurance covers "actual disaster damage".

On the other hand, you can also seek compensation from the owner of the item that caused the damage. If you can prove that the potted plant or sign flew out of a specific household (such as surveillance footage or neighbor testimony), you have a legal basis to claim damages from the other party.

Conclusion: Keeping your own things is the best form of friendship and good neighborliness

On a typhoon day, items from the balcony are blown away, and those injured may be neighbors downstairs, pedestrians passing by, or cars parked on the roadside. The consequences will come back to you. Spending thirty minutes to put things away on the balcony not only protects others, but also protects yourself from getting involved in compensation disputes. Simple, free, but important.