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The 13-year-old boy fell to death due to elevator failure during the May Day holiday! Is the property responsible for this? How can we take the elevator safely?
2024-05-14
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The 13-year-old boy fell to death due to elevator failure during the May Day holiday! Is the property responsible for this? How can we take the elevator safely?
At about 18:34 on May 3, a 13-year-old boy died accidentally due to an elevator failure in Lanwan Yajing Community in Gushan Town, Jin'an District, Fuzhou City, Fujian Province.
When the reporter visited the scene, he saw that the elevator had been powered off and stopped, and an accident occurred after the child got out of the car.
It is understood that the young man who died unfortunately lived on the second floor of a unit building in the community. At the time of the incident, the child took an umbrella to pack takeaway home.
At the scene of the community, the child's family showed the surveillance video to the reporter. At about 18:26, the child pressed the button on the second floor of the elevator, but the elevator did not stay on the second floor, but suddenly rose to between the 6th and 7th floors, and the door was closed. The child rang the alarm bell, slapped the elevator door and pressed the "emergency call" button for help, but did not get any response.
The child rescued himself in the elevator and pried open the car door and the elevator door on the 6th floor with his own long-handled umbrella.
At about 18:34, the child got out of the car from less than half a meter high. In this way, he accidentally fell to his death......
The elevator in the community often breaks down and the police have intervened.
The boy's family members said in the rights protection group, "All owners, please help to protect the human rights of the owners of the community. The elevator broke down, there was no prompt, and the power was cut off, which led to my son's death at the age of 13. Please owners help our family to uphold justice. I am the owner of Building 11... Yesterday I went to see the camera of the elevator and only found my son's umbrella. The elevator in my building was broken a few days ago, no one came to repair it. It was not until yesterday that my son had an accident that someone was sent to repair it. I asked the security guard to open the door. When I saw that my son had an accident, I asked them to carry the people up first, but they dragged them up for a while. The police came, but the people disappeared. Look, no one dealt with such a property......"
It is understood that the elevator in the accident broke down on May 1, and someone came to repair it on the 2nd, but it was not repaired. However, the property did not post any elevator failure notice or take measures such as power failure.
Some owners said that the elevators in the community have been out of order for more than ten years, and even if they are repaired, they will soon break down again.
The child's uncle, Mr. Lin, questioned the way the property owner maintained the elevator. He believes that, first of all, the elevators in the community have a long service life, and the property has not fulfilled its due maintenance responsibilities, resulting in many failures of the elevators, and the routine maintenance before the May Day holiday has not been carried out; secondly, the property at the time of the incident The security personnel can see the abnormal situation in the elevator through monitoring, but there is no feedback; moreover, the emergency help button in the elevator fails, and the property owner should also bear the responsibility.
After the incident, the property staff has disappeared.
At present, the police have been involved in the investigation.
Why does the elevator fail?
Shandong Province data statistics show that man-made, external and elevator door system and other factors are the three main causes of elevator failure. Among them, 26.59 per cent are caused by domestic garbage, such as blocking the opening and closing of doors, overloading, blocking the closing of doors for too long, 37.86 per cent are caused by external reasons such as power failure, water ingress of electrical components, high temperature in the machine room, and 14.10 per cent by door system reasons such as elevator door lock failure.
In addition, according to China's special equipment safety supervision regulations, the elevator should be cleaned, lubricated, adjusted and inspected at least once every 15 days. According to media reports, the use of units to implement the standard situation worrying.
The ''Elevator Use Management and Maintenance Rules'' stipulates that the maintenance unit should set up a 24-hour maintenance duty phone. After receiving a report of a trapped elevator failure, the maintenance personnel should arrive at the scene in time to carry out rescue, and the arrival time of municipalities directly under the central government or cities divided into districts should not More than 30 minutes, generally no more than 1 hour in other areas.
Is the property responsible for the boy's death?
According to the owner of the community, the elevator in the community has been in use for many years, and the boy's family said that the elevator in his home unit had broken down a few days ago, and no one had repaired it. The property staff did not put a warning sign, causing the boy to walk into the elevator, and finally an accident occurred.
If the property contract signed between the property and the owner clearly stipulates that the management expenses include elevator maintenance and maintenance, the property is a breach of contract. According to Article 577 of the Civil Code, if one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
The property is equipped with 32 monitors in the community, and the elevator in the accident can be clearly seen in the monitoring, but no one appeared to help the boy at that time. According to Article 46 of the Property Management Regulations, the property service company should assist in the property management area. In the event of a safety accident, the property service company should promptly report to the relevant administrative department while taking emergency measures, assist in the rescue work.
trapped elevators, these areas can apply for compensation
According to reports, Nanjing residential elevator insurance coverage has been achieved. The insurance company stated that during the insurance period for elevators that have been insured for elevator safety liability insurance, passengers will stay in the car for more than 30 minutes due to elevator failure, and if it is less than one hour, the compensation limit per person is 200 yuan; if the stay For more than one hour, the compensation limit per person is 400 yuan.
In addition, in Jiangsu Province, as well as Chongqing, Shandong and other places, people who are trapped in elevators for 15 minutes or more can also apply for compensation. According to the length of time trapped, the minimum compensation amount mostly ranges from 200 yuan to 500 yuan.
Shandong's "Guiding Opinions on the Implementation of Elevator Liability Insurance and" Insurance Service "Work in the Province" also stipulates that if passengers are trapped on the ladder and cause delays in the college entrance examination, high school entrance examination or qualification examination, the insurance amount per person shall not be less than 30000 yuan, 10000 yuan, and 3000 yuan respectively. If the passenger is delayed in taking a plane, ship or train or car due to the passenger's trapped ladder, the insurance amount per person shall not be less than 2 times the loss cost of the relevant change or refund.
However, Chongqing stipulates that when an elevator detention accident occurs, passengers must provide relevant evidence, including objective evidence such as surveillance records and report records.
In case of elevator failure, how to protect yourself to the maximum extent?
Source: Public Network Poster News, Integrated CCTV Network, China News Network, Guangzhou Daily, the People's Republic of China Emergency Management Department
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