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Case Explanation | When a sudden elevator failure in a community caused a ten-level disability, the owner claimed over 200,000 yuan, and the court ruled!
2024-12-30
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Case Interpretation丨When a sudden elevator failure in a community causes a ten-level disability, the owner claims over 200,000 yuan, and the court has ruled!
The elevator failure came suddenly
The thrilling moment of falling from the 11th floor to the 2nd floor
Medical expenses and lost work income followed one after another
Losses of over 200,000 yuan
Who will pay the bill?
A certain community in Shaoyang City, Hunan Province, is jointly provided property services by a certain property management company and a certain life service company. The life service company signed an "Elevator Maintenance Contract" with a certain elevator company in Hangzhou, Zhejiang, agreeing that the latter would provide maintenance services for the community's elevator. Later, the elevator company in Hangzhou, Zhejiang, delegated the elevator maintenance business to a certain elevator company in Hunan and signed a "Elevator Maintenance Entrustment Contract," which was filed with the Market Supervision Administration.
On the morning of April 27, 2023, around 6 a.m., the owner, Mr. Li, was taking the elevator down from the 11th floor when the elevator malfunctioned and fell to the 2nd floor, resulting in his injury. After the incident, Mr. Li was hospitalized for 18 days, with medical expenses totaling 28,687.35 yuan. An assessment determined that Mr. Li suffered a ten-level disability, with subsequent treatment costs estimated at 14,000 yuan, and it was recommended that he take 240 days off work, 120 days of care, and 90 days of nutrition.
Upon investigation, the elevator involved in the accident was deemed qualified during a regular inspection on October 20, 2022. On April 26, 2023, at 19:09, the elevator malfunctioned and stopped on the third floor. The life service company contacted the elevator company in Hunan for repairs, and the maintenance personnel responded at 21:06 that the elevator had returned to normal. How could an elevator that was just repaired have an accident? Mr. Li sued the property management company, the life service company, the elevator company in Hangzhou, Zhejiang, and the elevator company in Hunan in the People's Court of Xinshao County, Hunan Province, demanding compensation for various losses totaling 204,234.35 yuan.
The court found that,The life service company and the property management company jointly provided property services for the community and should properly maintain and care for the common areas of the property service area according to the agreement and the nature of the property, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. In this case, Mr. Li was injured due to the elevator malfunction, and the life service company and the property management company, as the management and user units of the elevator involved in the case, failed to fulfill their supervisory responsibilities regarding the maintenance work of the elevator maintenance company they hired, which contributed to the occurrence of the accident and should bear compensation liability.
The elevator company in Hunan, as the maintenance unit of the elevator involved in the case, should be responsible for the safety performance of the elevator it maintains. The company failed to promptly identify the cause of the elevator malfunction and eliminate safety hazards within 12 hours after the elevator was repaired, leading to Mr. Li's injury, and should bear compensation liability for Mr. Li's losses.
The elevator company in Hangzhou, Zhejiang, delegated the elevator maintenance project of the community to the elevator company in Hunan with the consent of the life service company, and the elevator company in Hunan has the qualifications for elevator installation (including maintenance). The elevator company in Hangzhou, Zhejiang, is not at fault for the occurrence of this accident and does not need to bear compensation liability.
Mr. Li did not engage in prohibited behaviors such as jumping violently or pressing the elevator floor buttons randomly while taking the elevator, and is not at fault for the occurrence of this accident, thus he does not need to bear responsibility for his losses.
It was determined that Mr. Li's losses from this accident totaled 170,016.35 yuan. Based on the fault of each party, the People's Court of Xinshao County, Hunan Province, determined that the life service company and the property management company jointly bear 20% of the compensation responsibility for Mr. Li's losses, amounting to 34,003.27 yuan; the elevator company in Hunan bears 80% of the compensation responsibility for Mr. Li's losses, amounting to 136,013.08 yuan.
As an important tool in daily life, elevators have facilitated people's lives, but there have also been many safety accidents in recent years. The operation of elevators generally involves multiple parties, including manufacturers, management units, maintenance units, and users. In the event of a safety accident, the compensation responsibilities of different parties should be determined based on the specific circumstances of the case.
Article 1253 of the Civil Code of the People's Republic of China states,If a building, structure, or other facility and its objects or hanging items fall and cause damage to others, the owner, manager, or user shall bear tort liability if they cannot prove that they are not at fault. After the owner, manager, or user compensates, if there are other responsible parties, they have the right to seek recourse from the other responsible parties. If the owners, managers, users, etc., of the elevator cannot prove that they are not at fault, it is presumed that they are at fault and should bear compensation liability.
Source: China Legal Education, People's Court of Xinshao County, Hunan Province, etc.
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Keywords:
AVIC Elevator Equipment, AVIC Elevator, Elevator Sales, AVIC Elevator Sales, Elevator Maintenance
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