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The hydraulic lifting platform is used as a "household elevator" to clamp the owner to death, and the manufacturer pays 470000.
2024-05-14
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The hydraulic lifting platform is used as a "household elevator" to clamp the owner to death, and the manufacturer pays 470000.
In order to facilitate the travel of elderly residents, many cities have begun to install elevators for old communities and carry out aging transformation. In some rural areas, the elderly also have the same needs. Three years ago, 66-year-old Uncle Wu installed a so-called "home elevator" in his home, causing a tragedy.
Uncle Wu and his wife live in the countryside. Due to the demolition of the old house, they have been replaced by a set of resettlement houses, including the underground warehouse and the first floor. In order to facilitate the upstairs and downstairs, the old couple want to install a "home elevator". During the walk, Uncle Wu talked about this idea with his neighbor Lao Zhou. Lao Zhou immediately said that he had the same demand. He consulted a lifting platform manufacturer in Shandong on the Internet. It was much cheaper than elevators, and he could enjoy preferential treatment if he bought them together. On April 26, 2020, Uncle Wu and Lao Zhou went to Shandong together to purchase two lifting platforms from an equipment company in Jinan, Shandong, at a preferential price of 30000 yuan each. The contract stipulates that the lifting platform does not contain the outer door and needs to be purchased separately. After the installation was completed, Uncle Wu and Lao Zhou started their daily use without installing outer doors for the lifting platform in order to save money.
On the evening of August 14, 2022, Uncle Wu's wife heard a scream in the underground library at home and hurried to the first floor. She found that Uncle Wu was stuck between the top of the lift platform car and the top of the building, and immediately called the police. Uncle Wu was sent to hospital for rescue, but the rescue was ineffective. He died of traumatic brain injury on August 17 of the same year. Uncle Wu's relatives were so grieved that they sued an equipment company in Jinan, Shandong Province and Yang, a shareholder of the company, to the people's Court of Yixing City, Jiangsu Province, demanding compensation for various losses caused by Uncle Wu's death, totaling 980400 yuan. After the tragedy, Lao Zhou installed an outer door for his own lifting platform.
As there was no surveillance video at the time of the crime, in order to further understand the relevant situation, the judge went to the scene of the crime for on-the-spot investigation. It turns out that the lifting platform installed in Mr. Wu's home is relatively simple. When the lifting platform car stops in the garage, the top of the car is at the same level as the ground on the first floor. Since no outer door is installed and no warning sign is set, people can go directly to the top of the car. If the lifting platform happens to start to rise again at this time, the consequences will be unimaginable.
In order to quell the dispute between the two parties, the judge communicated with both parties for many times, analyzed the dispute from the perspective of reason and law, and clarified the responsibilities of all parties. Under the auspices of the judge, the two parties finally reached an agreement on mediation. The equipment company and Yang will compensate the plaintiff for medical expenses, death compensation, and mental damage compensation, totaling 470000 yuan. After the agreement was reached, the defendant had fully fulfilled the compensation.
The judge said
In this case, the lifting platform produced, sold, and installed by the hydraulic equipment company has potential safety hazards and should be liable for compensation; and Yang, as the sole shareholder of the hydraulic equipment company, failed to provide evidence to prove that his property is independent of the company's property, so Yang The above-mentioned compensation liability of the hydraulic equipment company shall be jointly and severally liable. At the same time, in order to save the purchase cost, Uncle Wu continued to use it for a long time knowing that there was a safety hazard in not installing the outer door of the car. He was at fault and should bear part of the responsibility.
The state has strict standards for home elevators, and must have complete safety devices. The hydraulic lifting platform does not meet the standards and does not belong to home elevators. Compared with the price, although the lifting platform has advantages, but the safety is really difficult to guarantee. Home elevator is a carrier to improve the quality of life, which is related to the personal safety of passengers. Consumers must go through formal channels when buying, fully consider the hidden dangers it brings, and must not be greedy for cheap.
Source: Elevator Safety Forum
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