The owner was injured when he forcibly passed through the electric gate of the community. His lawsuit against the property company was dismissed by the court.

Beijing News (Reporter Zhang Jingshu, Correspondent Wang Hui) When the electric gate of the community was slowly closing, the owner Ms. Wang accelerated on her electric bicycle and tried to pass through the gap. As a result, she was accidentally injured. Ms. Wang sued the property company for compensation. . Recently, the Fangshan District People’s Court of Beijing heard the case. In the end, the court did not support Ms. Wang’s appeal.

The Beijing News reporter learned that the pedestrian passageway at the entrance of the community where Ms. Wang lives has an electric door. Swipe the access card or press the door button, and the door will automatically open and then close itself. On the afternoon of December 24, 2023, Ms. Wang went out on her electric bicycle as usual, preparing to pick up her children from school. It happened that the previous pedestrian had just walked out, and the electric door began to close. Ms. Wang intended to speed through, but the wheel hit the closing door. The electric door opened, and Ms. Wang fell from the car. After diagnosis at the hospital, Ms. Wang suffered a waist fracture and multiple soft tissue contusions.

Ms. Wang was hospitalized for a week and then discharged. She sued the property company to the court, demanding compensation of approximately 500,000 yuan in medical expenses, nursing expenses and other losses. She believed that it was the property management company\’s poor management, failure to install warning signs on the electric door, and the failure of the security guard to stop her in time that led to her injury.

In court, the property company argued that the electric door was in normal operation at the time, and Ms. Wang rode out of the way while the electric door was closing, causing the accident, and she should bear full responsibility. After Ms. Wang fell, the staff of the property management company immediately called an ambulance and sent Ms. Wang to the hospital for treatment. They had fulfilled their corresponding obligations. After Ms. Wang was discharged from the hospital, property management staff visited her home. Ms. Wang wanted to negotiate compensation, but was rejected on the spot. The property company believed that the incident had nothing to do with her.

After trial, the Fangshan Court held that Ms. Wang, as the owner of the community and a person with full capacity for civil conduct, knew clearly the operation mode of the community gate and the safety risks of forcibly passing through, but she still did not get out of the car and resorted to swiping the access card or pressing the door button. Wait for the normal operation and force the bicycle to pass through when the gate is already in the process of automatically closing. Ms. Wang was knocked down by the gate entirely due to her own improper behavior. The existing evidence is insufficient to prove that the property company failed to fulfill its safety management obligations or had subjective fault. Therefore, the court did not support Ms. Wang’s request for the property company to bear compensation liability.

Ms. Wang was dissatisfied with the first-instance judgment and filed an appeal. The court of second instance dismissed the appeal and upheld the original judgment.

Edited by Peng Chong and proofread by Li Lijun