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Passengers crash into the escalator cabin! Elevator maintenance penalty 173000! Mall penalty 57000!
2024-05-14
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Passengers crash into the escalator cabin! Elevator maintenance penalty 173000! Mall penalty 57000!
A shopping mall in Huadu District of Guangzhou City did not set up warning signs when repairing elevators. Passenger Xiao Li (pseudonym) accidentally fell into the lower machine room of the elevator and was injured. Afterwards, Xiao Li took the mall and the elevator maintenance company to court. The case went through the first and second instance procedures. Recently, the Guangzhou Intermediate People's Court made a second-instance judgment and upheld the original judgment, that is, the two defendants bear full responsibility.
Looking down at mobile phones has become the focus of controversy between the two sides.
The Da Wan News reporter saw from the public judgment that at about 12 noon on May 7, 2022, on the first floor of a shopping mall in Huadu District, No. 5 in the atrium on the first floorThe escalator is in a state where the elevator cover is open for maintenance. Due to the lack of enclosure treatment at the scene, Xiao Li fell into the lower machine room of the elevator and was injured when he planned to take this escalator to the second floor..
After the accident, the elevator maintenance company staff will be Xiao Li sent to the hospital for treatment. Afterwards, after identification, Xiao Li's left heel fracture caused partial damage to the arch structure of the left foot, and the degree of disability was assessed as grade 10 disability. Xiao Li took the mall and the elevator maintenance company to court.
But when the incident, Xiao Li looked down at the phone, this behavior has become the focus of controversy between the two sides.
During the trial, the defendant argued that Xiao Li's behavior of looking down at his mobile phone and trotting all the way was the main cause of the accident, and he was at fault for the accident. The defendant believes that Xiao Li, as an adult with full civil capacity, has a reasonable duty of care for his own personal safety. The elevator cover in this case is in a fully open state and can be clearly and easily seen by anyone with a reasonable duty of care. It can be seen from the video that Xiao Li is looking down at his mobile phone while trotting. He is completely inattentive and lacks basic attention and prevention. Therefore, Xiao Li has obvious fault in this accident, and he should bear corresponding responsibility for his own fault.
Court: No legal causation
The court of first instance held that the case was a dispute over the liability of operators and managers of business premises and public places. First of all, the elevator maintenance company did not enclose the elevator involved in the case or set up relevant safety warning signs during the maintenance process, causing Xiao Li to fall into the lower machine room of the elevator and be injured. Therefore, the elevator maintenance company should bear the main responsibility for the accident.
Secondly, as the operator and manager of the shopping mall, although the repair and maintenance work of the elevator involved in the case is delivered, its own protection obligations cannot be completely exempted or transferred. It still needs to perform the obligations of supervision and inspection, so the shopping mall should respond to this The accident bears secondary responsibility.
Finally, according to the cognition of ordinary people, shopping malls, as public places with dense flow of people, elevators are not enclosed or there are no relevant safety warning signs around them, which are regarded as normal operation and rideable. There is no legal causal relationship between Xiao Li's behavior of looking down at his mobile phone and his injury in the elevator room. Xiao Li is not at fault for the accident.
To sum up,It was decided that the elevator maintenance company should compensate Xiao Li for the loss of 173347.63 yuan and the shopping mall should compensate Xiao Li for the loss of 56757.31 yuan..
Judgment Document Screenshot
The two defendants refused to accept and filed an appeal. The second instance of the Guangzhou Intermediate People's Court held that the location of the incident was a shopping mall. When the elevator was not effectively enclosed or set up significant safety warning signs, the general public would have reasonable and sufficient trust in the safety of the elevator. Surveillance video reflected that Xiao Li's walking route in the mall at the time of the incident was not abnormal, which was in line with the code of conduct for ordinary people to take elevators. Xiao Li fell down from the escalator to the lower machine room without knowing that the cover plate of the escalator involved was opened. Even though he looked down at his mobile phone, howeverThere is no direct legal causal relationship between the act and the injury, nor is it sufficient to conclude that Lin's act of taking the elevator was at fault..
The appeal was rejected and the original sentence was upheld.
Source: Special Equipment Safety Science Popularization
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