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Anhui Lu 'an 70-year-old woman accidentally fell into elevator shaft and died in court: 80% of the property was responsible for compensation of more than 240000 yuan
2024-05-14
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Anhui Lu 'an 70-year-old woman accidentally fell into elevator shaft and died in court: 80% of the property was responsible for compensation of more than 240000 yuan
Lu'an seventy-year-old aunt accidentally fell into the elevator shaft, but has not been found, to be found by the property cleaning, has unfortunately died. Under grief and indignation, the aunt's family took the property company and the elevator manufacturer to court. The case has gone through the first and second instance procedures. On April 14, the China Judgment Document Network published the second instance judgment of the case. Lu 'an Intermediate People's Court ruled that the property company was 80% responsible for the death of Aunt Zhang and compensated the family of Aunt Zhang for various losses totaling 247171.2 yuan.
The aunt accidentally fell down the elevator shaft and died. The family thought the "missing" search failed.
Zhang Dama of Lu 'an lives with her son in a residential area of Jin 'an District of Lu 'an City. On May 3, 2020, Zhang Dama's family found the security guard of the residential property company and said that an old man in the family had lost and asked for access to the surveillance video. After access to the surveillance video in the residential area, it was shown that Zhang Dama took the elevator downstairs from Unit 1 of Building 16 at 8: 53 a.m. on April 25, 2020, went down to the negative floor and got out of the elevator. After walking back and forth twice in the negative floor fire passage, she disappeared from the monitoring, no trace was found no trace, but the family has been searching unsuccessfully.
Around 16: 00 on May 18, 2020, the community cleaning staff found a peculiar smell in the west elevator of Unit 2 of Building 16. The property company staff informed the elevator maintenance company staff to be present for inspection. After the maintenance staff opened the floor door of the negative first floor elevator of Unit 2 of Building 16 to check, they found a body lying behind the left side of the elevator shaft and immediately called the police.
After receiving the police from Jin 'an Branch of Lu 'an Municipal Public Security Bureau, the investigation technicians and forensic doctors arrived at the scene for investigation, investigation and interview, video investigation and body surface examination, confirming that the deceased was Zhang Dama, and Zhang Dama's death ruled out the possibility of criminal cases. After identification, Aunt Zhang was in line with head injury, concussion and coma, and did not receive medical treatment. In addition, the elderly organ function declined and there was no stress ability, which eventually led to the death of central respiratory and circulatory failure.
The second trial of the court is responsible for 80% of the property and compensates the family members for more than 240000 yuan.
Aunt Zhang's family believed that the community property company and the elevator manufacturer should be responsible for the death of the old man, so they took both parties to court.
The court of first instance held that the defendant's property, as the manager of the elevator involved in the case, neglected prevention and management, and failed to find and rescue Aunt Zhang in time when she entered the negative first floor and fell into the elevator shaft. As a result, Aunt Zhang did not receive medical treatment, which eventually led to the death of central respiratory and circulatory failure. Caused the occurrence of this elevator incident, and how Zhang Dama fell into the elevator shaft, the property can not effectively prove this, so there is a fault for Zhang Dama's death, should bear the liability for compensation according to law. Because the elevator passed the annual inspection, the elevator manufacturer did not have any fault in product quality for Aunt Zhang's death. Therefore, it does not need to bear the liability for compensation. Therefore, the property company was sentenced to compensate Zhang Dama's family 283964 yuan.
Both sides are not satisfied with the results, appeal.
Lu 'an Intermediate People's Court held that Zhang Dama died in the elevator shaft foundation pit of the elevator. The elevator shaft foundation pit is part of a closed structure and cannot be entered under normal circumstances. However, if the elevator outer door or hall door is not opened normally, the manager fails to fulfill his duty of care. At this time, because the elevator car is not on the same floor, the person using the elevator may fall into or enter the elevator shaft foundation pit.
In this case, because the property did not fully fulfill its obligation to ensure the safety of the elevator, that is, there is no evidence to prove that the property ensured the safe operation of the elevator, resulting in Aunt Zhang's death in the foundation pit of the elevator shaft, the property should bear the main (compensation) responsibility; although Aunt Zhang is older, as an adult, she ignores the duty of careful attention to her own safety and should also bear certain responsibilities. Based on the strength of both parties to the cause of the damage, the court decided that the property should bear 80% of the responsibility.
That is, the property company was sentenced to compensate Zhang Dama's family for various losses totaling 247171.2 yuan.
Source: Anhui Network, Xin 'an Evening News, Da Wan News
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