Many residential areas are now equipped with electric doors. If you swipe the owner\’s card or the doorman\’s control at the sensor, the electric door will open and close again after people leave. Ms. Xie, who lives in a community in Pengshan, Meishan City, Sichuan Province, was knocked to the ground by the closing electric door when she was passing by the electric gate of the community because she was talking to the guard and did not leave in time. She suffered a tenth degree of disability.
Does the owner pay for his \”stay\”, or does the property management company compensate for the injurious electric door? After the negotiations failed, Ms. Xie took the property company to court, claiming more than 150,000 yuan.
On November 4, a Red Star News reporter learned from the Meishan Intermediate People’s Court that after a public hearing in the Pengshan District Court of Sichuan Province,the court determined that the defendant property company should bear the losses of the plaintiff Ms. Xie 70% liability. The court ruled that Property Services should compensate Ms. Xie for various losses totaling 93,300 yuan.
The scene of the trial
The court:
The property company believed that the amount of compensation requested by Ms. Xie was excessive Gao
In March 2017, Ms. Xie purchased a house in a community in Pengshan and signed a property service agreement with the property company.
In early 2020, at 6:30 in the morning, Ms. Xie, who lives in a community in Pengshan District, Meishan City, rode an electric bicycle to work at the company. When she passed the non-motorcycle gate of the community, she was knocked over by the remote-controlled electronic door. On the ground. Ms. Xie was sent to a local hospital for treatment and was diagnosed with multiple fractures, meniscus tears, and ligament contusions. The 14 days of hospitalization cost her more than 25,000 yuan in treatment costs. After being discharged from the hospital, the doctor ordered me to rest for half a year. According to the appraisal by the Forensic Appraisal Center, Ms. Xie\’s disability level is level 10.
After the negotiations were fruitless, Ms. Xie sued the community property company to the Pengshan District Court. The claim included medical expenses, hospitalization meal subsidies, disability compensation, nutrition expenses, nursing expenses, appraisal fees, and lost work expenses. The total amount is 156,793 yuan.
In court, Ms. Xie said that the electric door was newly installed in the community at that time. When she passed the south gate gate, she was asking the community guard about how to open the electric door. The electric door suddenly bounced back on its own. Unprepared, she fell to the ground. Ms. Xie also produced a video of the incident in court.
Screenshot of the video of Ms. Xie being knocked over
From the video, Ms. Xie had a brief conversation with the community guard while riding her bicycle through the electric gate. During the conversation, Ms. Xie was riding on the car and stopped right in the middle of the opened electric door. The electric door began to close backwards after a few seconds. Although the speed was not fast, Ms. Xie was unable to avoid it in time and was knocked to the ground.
Defendant’s property company argued It is said that the electric door of the community is automatic and did not bounce back suddenly. It was caused by the delay in the community service staff opening the electric door of the community for Ms. Xie because she failed to pass in time. As the owner of the community, the lady knew it, so Ms. Xie should bear the main responsibility for the accident. The amount of compensation she requested was too high.
The property owner will bear 70% of the compensation for RMB 93,300.The owner’s lack of safety awareness is also responsible
What happened to the electric door? Is it uncontrollable when it bounces back?
The court found that the electric door of the non-motor vehicle gate of the community was opened remotely by the property staff (doorman), and then automatically bounced back and closed after a certain period of time. During the bounce process, the doorman could remotely open it again.
The court held that citizens enjoy the right to life and health, and those who infringe upon citizens and cause harm to their bodies shall bear civil liability for compensation. In this case, the defendant, as the property service provider of the community, arranged for property staff to stand at the door of the community Control the entry and exit of people and vehicles, Obligated to ensure the safety of people and vehicles entering and exitingWhen the plaintiff, Ms. staff, and right next to Ms. Xie, Failed to open the rebounded electric door again in time, causing the plaintiff to be knocked down and injured by the rebound of the electric door. He was at fault and failed to provide sufficient evidence to prove that he was not at fault. He should be liable to compensate Ms. Xie for her losses.
On the other hand, as the owner of the community and a person with full capacity for civil conduct, Ms. Xie lacked safety awareness and did not drive away in time when the electric door was opened, causing her to be bounced back by the electric door. If you are knocked down and injured, you should also bear a certain degree of fault liabilityfor the injuries you cause.
After comprehensive consideration of the degree of fault of both parties, the court determined that the defendant property company should bear 70% liability for the plaintiff Ms. Xie’s losses. The court ruled that Property Services should compensate Ms. Xie for various losses totaling 93,300 yuan.
Nie Jing, the judge in charge of the case, said that the occurrence of this case reminded property companies to pay attention to strengthening the training of security personnel and doormen, improve their safety awareness, and try their best to ensure the safety of community owners; at the same time, it also The owners of the community are reminded that when passing similar electric gates, they should leave in time and do not stay to avoid unnecessary harm.
Zhong Cheng, Red Star News reporter Jiang Lin
Editor Bao Chengli
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