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Changsha, Hunan: The fan in the elevator suddenly fell, and the old man avoided falling. Can the property company refuse to compensate? Sentenced!
2024-05-14
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Changsha, Hunan: The fan in the elevator suddenly fell, and the old man avoided falling. Can the property company refuse to compensate? Sentenced!
Core tip: The fan above the elevator in the residential area fell off, and the old man on the stick panicked to avoid accidental falls. Should the property company bear the responsibility?
CellElevatorThe fan above fell and the old man on the stick panicked to avoid accidental falls. Is the property company responsible?
What will the court decide?
Look at today's case.
In July 2022, a property company in a residential area in Changsha City reformed the elevator and installed a fan. At 4 o'clock in the afternoon on July 15, the owner of the community, Grandma Kong (63 years old), entered the elevator on crutches. Unexpectedly, the fan above the elevator suddenly fell, and the elevator was instantly dark. Grandma Kong accidentally fell while panicking and avoiding. Subsequently, the family sent Grandma Kong to hospital for treatment and was discharged after 24 days of hospitalization. After identification, was assessed as nine disability.
The family members of Grandma Kong believed that the property company should be liable for compensation, but the negotiation between the two parties on compensation matters was fruitless, and Grandma Kong used "violationSecurityOn the grounds of "guarantee obligation responsibility", the property company was sued to the People's Court of Yuhua District, Changsha City, demanding compensation for medical expenses, disability compensation, follow-up treatment fees and other losses totaling 314700 yuan.
During the trial, the property company argued that Grandma Kong had received artificial hip replacement for femoral head fracture and needed a walking stick, but she was not accompanied by her family when entering the elevator, which was a self-trapping risk behavior. Grandma Kong fell down because she was inconvenient and lost her balance. The falling fan did not hit Grandma Kong. In addition, the elevator has posted "Safety Instructions for Rider", which has fulfilled its safety obligations.
The People's Court of Yuhua District, Changsha City held that the defendant's property company, as the property service agency of the property unit involved in the case, had the obligation of public safety protection in accordance with the law. It installed a fan in the elevator and suddenly fell, causing the plaintiff to fall and be injured., Should bear the liability for tort compensation. In addition, the plaintiff is older and has had surgery, which is obviously inconvenient to move and should bear part of the responsibility for the consequences of the damage. Combined with the whole case, the court decided that the defendant property company's liability ratio was 80%. After approval, Grandma Kong this timeAccidentThe resulting losses totaled 269300 yuan, and the court finally ruled that the property company should compensate the plaintiff, Grandma Kong, 222500 yuan.
The property company refused to accept the appeal, and the second instance of Changsha Intermediate people's Court held that the property company was a property service unit involved in the case, and it had the obligation to ensure the safety of public areas and public facilities. In this case, the elevator and its affiliated electric fans belong to public areas and public facilities, and belong to the scope of the security obligations of the property company. The fall of the electric fan in the elevator caused Grandma Kong to accidentally fall and be injured. The property company obviously failed to fulfill its safety protection obligations and should bear the main responsibility. Regardless of whether the electric fan directly touches Grandma Kong when it falls, its falling from the air will inevitably cause Grandma Kong to respond to stress. Even if the electric fan does not actually hit or touch the hole grandma, it will not reduce the legal liability of the property company. The court of first instance, combined with the degree of fault of both parties, ruled that the property company should bear 80% of the liability for compensation, which was not improper. The appeal was rejected and the original sentence was upheld.
The property company has the obligation to ensure the safety of public areas and public facilities in the community. If the property company neglecting maintenance and maintenance leads to failure or safety problems in public facilities such as elevators, the property company shall bear corresponding legal responsibilities. The judge reminded that property companies should strengthen the regular maintenance and inspection of public facilities in the community to ensure their safe operation, so as to safeguard the safety and interests of residents in the community. At the same time, it is best to remind the elderly with mobility difficulties to travel with their families to avoid accidents.
Source: Hunan High Court, New Elevator Network
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