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The court ruled that the elevator maintenance company compensated 160000 yuan! The reason is......
2024-05-14
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The court ruled that the elevator maintenance company compensated 160000 yuan! The reason is......
"I was repairing the elevator in the elevator shaft. He walked without looking at the road and fell into the elevator shaft. He scared me!"Elevator repairman Chen said.
"Yes, now Xiao Xu's injuries and fractures occur on the left side,It shows that Xiao Xu was injured by falling sideways into the maintenance elevator., should be responsible for Jamlom himself."Elevator repair company statement.
"When you walk in front of and back into the elevator, you can jump into the elevator with your feet. It's normal to get injured on one side. There is no safety sign at the elevator maintenance door. Why should I blame you?"The injured Xiao Xu was indignant.
"Although I am the landlord, the factory has been leased to several tenants for operation and use. This elevator accident has nothing to do with me."The landlord said.
At the scene of the trial, the plaintiff and the defendant held their own opinions on the distribution of responsibility for the accident, and there was no end to the dispute.
Event Details
It happened last November. The plaintiff, Jamlom, worked overtime at a company in Liushi Street, Dongyang City,On the day of the incident, Jamlom wanted to take the elevator of his unit to go upstairs to work, but he did not know that the elevator had broken down. Although the elevator door was partially opened, the car actually stopped on other floors. Jamlom, who did not see the safety warning signs around the elevator, walked into the elevator as usual. Unfortunately, he stepped on the empty and fell to the elevator shaft below, causing injuries.
Since then, Xiao has been hospitalized for many times for surgical treatment, and his injury was basically stable until June this year. In the past six months, Xiao Xu's family has repeatedly sought compensation from the elevator maintenance company, maintenance personnel Chen Mou and the landlord of the factory building, but they have not received any compensation. Xiao Xu has his old age and his young age. In the past six months, he has not only lost his income, but also hollowed out his poor family because of medical treatment.
In desperation, Xiao Xu and his wife sued the above three parties to the court in a petition, demanding compensation for their losses totaling 330000 yuan.
The judge said
the court found that,maintenance personnel chenAn employee of an elevator maintenance company,The maintenance of elevators is an act of duty, and the losses caused to others shall be borne by the elevator maintenance company.Therefore, the main focus of the dispute in this case is the determination of liability between the elevator maintenance company and the landlord of the plant.
Elevator Maintenance CompanyThe landlord and tenant were not notified in advance of the repair, nor were safety warning signs placed at the repair site, which led to the accident of Jamlom falling,Therefore, he should bear the main responsibility for the accident and compensate Xiao Xu for various losses totaling more than 160000 yuan,
Landlord of the plantAs the lessor, the obligation to ensure the safety of the leased property cannot be shirked, and the landlord's failure to repair the lighting equipment in front of the elevator in time also led to the occurrence of the accident to a certain extent, so he should bear secondary responsibility and compensate Xiao Xu for various losses totaling more than 50000 yuan.
Both the original and the defendant agreed with the court's judgment and immediately performed all compensation.
Source: Dongyang People's Court, Elevator
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