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Elevators emit low-frequency noise all the year round. Can nearby owners defend their rights?
2024-05-14
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Elevators emit low-frequency noise all the year round. Can nearby owners defend their rights?
Core tip: due to noise pollution caused by rights, such a thing is not uncommon. However, when the center of the debate is "low frequency noise", everything becomes complicated.
It is not uncommon for people to protect their rights due to noise pollution. However, when the center of the debate is "low frequency noise", everything becomes complicated. On the one hand, studies have shown that compared with ordinary noise, low-frequency noise that does not sound high or low may be more likely to cause functional and mental damage to the human body. On the other hand, because it is not as abrupt and obvious as ordinary noise, "low-frequency noise" often has the characteristics of difficult proof and identification, which leads to the parties who are troubled by "low-frequency noise" often fall into the dilemma of safeguarding their rights. Is it possible to defend your rights if you are made nervous by "low-frequency noise"? Recently, Shanghai No.ElevatorCases of low-frequency noise disputes.
The owner complained: "low frequency noise" stirred physically and mentally exhausted
Uncle Zhang lives in a mature community with a beautiful environment. Since moving into the community in 1998, Uncle Zhang has been quite satisfied with his residential area. Although this community was built earlier, it has been well maintained. The community is lined with trees and fragrant with birds and flowers. It is a famous garden community nearby.
However, since the building was updated a few years ago and the elevator was installed in the building where Uncle Zhang lived, his hard life has come.
New ElevatorInstallationAfter running, I found that standing in the living room, I could hear a buzzing sound. Even more frightening is that this noise is more obvious in the bedroom late at night. In the dead of night, I was lying on my bedroom bed, as if surrounded by small flying insects. The sound that I could not catch and drive away made me exhausted all these years!"
Uncle Zhang said.
After finding the noise, Zhang Dashu immediately found the residential property complaints. However, both the elevator installation company and the elevator production company stated that the noise generated by the elevator is less than the corporate and national standards. For this reply, Uncle Zhang is quite dissatisfied.
Uncle Zhang asked the enterprise to provide third-party test results. Measured by the district environmental monitoring station, according to the "Social Living Environment Noise Emission Standard" (GB22337-2008) in the Class 2 acoustic environment functional area emission standards, the indoor measured elevator low-frequency noise emission exceeds the standard.
Elevator Company: Noise in Elevator Operation Inevitable
For Zhang Dashu's accusations, the elevator company also has a stomach full of grievances to say. The elevator company believes that it has made great efforts to rectify and reduce noise. During the operation of the elevator, some noise is difficult to avoid and residents should understand it.
Since uncle Zhang complained, we responded immediately and went to check and repair. Especially since the prosecution, even if we have not yet determined that it was caused by us, we have also carried out maintenance and rectification several times in a responsible manner. After maintenance and rectification, the new test report can also prove that the elevator noise is less now. Moreover, the normal operation of the elevator will inevitably produce a certain sound, which cannot be controlled or completely eliminated by human beings. I hope Uncle Zhang can also understand that we really cannot rely on our installation company."
The representative of the elevator company said.
The elevator company emphasized that the elevators they produce fully comply with the relevant standards for elevator production and installation, and have already passed the relevant professional testing of special equipment. The reason for the "low frequency noise" exceeding the standard is probably not caused by the elevator, but there are problems in the design and construction of residential sound insulation.
The court ruled that the elevator company should be held responsible.
During the trial, upon the application of the elevator company, the court commissioned a professional appraisal agency to conduct an on-site investigation and identify the causes of noise generated by the two elevators.
The appraisal conclusion shows that the elevator base involved in the case is installed on the beam near the east wall of Uncle Zhang, and the traction machine and frequency converter are also close to the east wall, but no shock absorption equipment is considered at the beginning of installation. The noise generated by the guide shoe and speed limiter under the long-term operation of the elevator is obviously higher than that of other buildings, which is a maintenance problem. The noise problem is mainly caused by installation and operation.MaintenanceNot in place, can not be found from the existing evidence of housing structure and sound insulation design unreasonable.
At the same time, under the coordination of the court, the elevator company optimized the construction of the elevator in Uncle Zhang's house. The elevator installation company added sound insulation rubber pads between the elevator frequency converter and the wall, and adjusted the bolts between the traction machine and the steel beam. The elevator production company has carried out maintenance such as replacement of the bearings on the rear side of the elevator main engine and the traction wheel side bearings involved in the case. After optimizing the construction, the noise of Uncle Zhang's house has been significantly improved. This also proves that the noise is caused by the installation and operation maintenance is not in place.
In the end, the court held that the case was a dispute over environmental pollution, and the burden of proof was reversed in the proof of causality. The two elevator companies bear the burden of proof on the situation of non-liability or mitigation of liability stipulated by law and there is no causal relationship between their behavior and damage.
However, the elevator company has no evidence to prove that the elevator noise pollution involved in the case is caused by the unreasonable residential structure or residential sound insulation design, nor has it provided evidence to refute the conclusions of the appraisal agency. The two elevator companies should bear the adverse consequences of the inability to prove the evidence. Therefore, there is a high degree of risk between the inadequate installation and maintenance of the two elevator companies and the excessive noise emission value in Uncle Zhang's residence. The elevator company has the responsibility to take further corrective measures.
At the same time, for the separate infringement of multiple causes and one effect, the liability of different tort subjects should be determined separately according to the magnitude of the cause force between the tort and the consequences of the damage, and the degree of fault of different tort subjects should be integrated. The relevant evidence in this case shows that the connection between the inadequate installation of the elevator involved in the case and the noise pollution is the closest, which is the main cause of noise pollution; there is also a correlation between the inadequate maintenance of the elevator involved in the case and the noise pollution, which is the secondary cause of noise pollution.
Therefore, the court finally ruled that the two elevator companies, as the installation and maintenance parties of the elevators involved in the case, should bear 80% and 20% of the compensation liability respectively according to the reasons between the infringement and the damage consequences.
Source: Morning News, New Elevator Network
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