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The elevator fell and killed one person! Family members ask for property compensation 284000!
2024-05-14
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The elevator fell and killed one person! Family members ask for property compensation 284000!
Late one night, Su returned to the No. 5 residential building of a residential area on Longgang Road and took the elevator home. However, as soon as the elevator was halfway through, it suddenly lost control and fell, carrying Su all the way to the bottom of the elevator shaft. Su was unconscious on the spot. Two hours later, Su was found and sent to the hospital for rescue. Due to the symptoms of headache, dizziness, vomiting and blood, the hospital diagnosed it as internal bleeding and needed to be hospitalized and observed for a period of time.
Half a month later, due to the aggravation of the disease, Su died unfortunately. Ms. Peng, a family member of Su, was very sad. She believed that the property company did not do a good job in elevator management services, which led to the occurrence of the case. She asked the property company to compensate for all the losses, including medical expenses and mental loss expenses totaling 284000 yuan. During this period, Ms. Peng repeatedly failed to negotiate with the property company, so she sued to the court.
During the trial, the property company argued that there was no direct causal relationship between Su's death and the elevator fall, so it did not agree to bear the corresponding liability for compensation. The court then entrusted the Municipal High Court to identify Su's death, and concluded that Su had multiple soft tissue contusions and internal bleeding, which eventually led to death.Based on this, the court held that Su suffered the above injury after the elevator fell, and there was a causal relationship between the two, and the property company should bear all the losses caused by Su.
After the first instance, the court ruled that the property company should compensate Ms. Peng for medical expenses, mental damages and other losses totaling 183000 yuan.
Case analysis
First of all, maintaining the safety of the community environment is the obligation of the property company. Article 81 of the "Property Law" stipulates: "The owner may manage the building and its ancillary facilities on his own, or entrust the management of the property service company or other managers." Article 82 stipulates: "The property service enterprise or other manager shall manage the buildings and their ancillary facilities within the building area in accordance with the entrustment of the owner, and accept the supervision of the owner."
In this case, due to poor property management, the property company did not eliminate the hidden safety hazards of the elevator in time, which led to the occurrence of accidents. This is obviously a violation of the property company's own obligations and did not do a good job in the maintenance, maintenance and maintenance of public facilities. Management obligations.
Secondly, the property company must bear the liability. According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes: "Property service enterprises fail to perform or do not fully perform the maintenance, maintenance, management and maintenance obligations stipulated in the property service contract or determined by laws, regulations and relevant industry norms, The owner requests the property service enterprise to bear the liability for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses, the people's court should support it." Therefore, in the case, the owner, Ms. Peng, can ask the property company to bear the liability for breach of contract in the form of compensation for the loss.
Finally, the property company's inaction is the inevitable cause of accidents. In this case, the property company did not send people to do a good job of night inspection, and the security work was not in place. Otherwise, Su would not have been found 2 hours after the accident, and missed the best treatment time, which led to the final death. If the property company does a good job in security work, discovers the owner's accident in time, and sends it to the hospital for treatment in time, perhaps the tragedy will not happen.
Handling skills
(1) The property company should strengthen the management, reasonably allocate the property personnel in the arrangement, try to ensure that the security personnel in the community are sufficient, and ensure that when the owner has an accident within the management scope of the property company, someone can appear in time to help.
(2) Property companies should do a good job in the maintenance and maintenance of public facilities, especially those with many potential safety hazards such as elevators. They should carry out regular maintenance and maintenance to ensure the normal operation of elevators in the community and avoid accidents.
(3) The property company should be equipped with monitoring equipment in the elevator. If the elevator fails, the owner can also ask for help in time, and the property personnel can also find out in time through the surveillance video and carry out rescue in time.
Source: Elevator Standards and Inspection
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Keywords:
AVIC Elevator Equipment, AVIC Elevator, Elevator Sales, AVIC Elevator Sales, Elevator Maintenance
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