A property owner in Nanjing was forced to pass through an electric door and fell to death. The family claimed 620,000 yuan from the property, and the court ruled

\”Banning\” often does not exist to restrict someone\’s freedom. It’s about keeping everyone safe. The \”No Passing\” signs placed on Guantou Road are to ensure the safety of drivers. The \”No Climbing\” signs placed near the power grid are also to ensure the safety of naughty children. A reminder and a blockage, Many accidents can be avoided.

Therefore, there is no one at the school gate of all schools. Exceptions will have an electric retractable door. This kind of door is like a ban. Its main function is to prevent outside school personnel from entering. The remote control retractable function provides convenience for students and teachers to enter and exit. Many residential areas also have this kind of door, which can be protected and can be opened and closed freely, which is very useful.

Owners have The access control card can be swiped in from the outside. There is a button inside the community. If you want to go out, just press the button. Some people riding electric bicycles cannot use the button, so the security guard at the door will provide convenience for them. It is like this in all places. It is not difficult to enter and exit a door. Just close the door and open it again. However, such a simple action of entering and exiting the door caused the death of an owner in a residential area in Nanjing.

On the day of the incident, it was not that serious. . The security booth is located at the gate of the communityThe entrance is next to the automatic door. As a security guard, your duty is nothing more than to provide convenience to the owners and ensure the safety of the community. Therefore, it is within your responsibility to open the door for the owners who come in and out. On this day, an owner went out on a small electric bicycle, and the security guard opened the door naturally.

After this owner passed, the door had automatically closed slowly, and when it was only wide enough for a child to pass, another owner riding an electric bicycle rushed over. Logically speaking, he was not in a hurry. For a moment, he stopped and waited for the security guard to open the door again. As a result, he hit the door directly and was caught by the door. The car overturned and others fell down.

The owner who hit the door was named Wang , is already 59 years old, and his body is still strong. But at this age, it would be okay if nothing happens, but if something happens, his whole body will have problems. The security guard immediately helped Wang and called the emergency number. After Wang was sent to the hospital, examination revealed that he had fractures in multiple places throughout his body.

Broken bones are very painful, but they are not life-threatening. However, after all this torment, many of Wang’s body’s organs seemed to be on strike, and his body’s immunity also declined rapidly. He stayed in the hospital for a few days, and then had to go back to the hospital again after he left. He was hospitalized again and again for two months. Two months later, his body developed complications and he eventually died of septic shock.

Wang died after being hit by an automatic door. The family members of Mr. Wang accepted this fact in any case, so they took the property company to court and demanded death compensation and compensation. The total medical expenses and nursing expenses are 640,000 yuan.

According to the provisions of Article 1165 of the Civil Code, if an actor infringes upon the civil rights and interests of others due to fault and causes damage, he shall bear tort liability. According to the law, it is presumed that the actor is at fault, and he cannot prove it Article 26 also stipulates that if the person who is not at fault is also responsible for the damage, the liability of the tortfeasor may be reduced. ”

This item The clause applies to complaints against individual security guards, but since Wang’s family is suing the property of the entire community, the defendant becomes the property company and the communityIt is a public environment, so the tort liability clauses applicable to public places:

Managers of public places such as shopping malls, banks, stations, entertainment venues, or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability. If the third party causes damage to others due to the behavior of a third party, the third party shall bear tort liability; if the manager or organizer fails to fulfill its safety guarantee obligations, the third party shall bear corresponding supplementary liability.

That is to say, if the property is indeed in some If there are deficiencies in the place, and this deficiency is the cause of Wang\’s accident, then the property owner should bear tort liability.

In this case, the opening and closing of the automatic door did not cause the owner\’s death for no reason. This kind of thing has never happened before. There are also words at the door reminding people to slow down when entering and exiting, and the security guards also fulfilled their duties. It is the responsibility of opening and closing the door and reminding the owner to pay attention to safety at all times. Usually when the elderly and children come in and out, the door will be set to always open to ensure their safety. It can be seen that the property management\’s security requirements and training are very strict and comply with the standards.

And automatic doors The time interval between opening and closing the door is fixed. Under normal circumstances, the time period for opening and closing the door at one time is enough for one person.Tong Tong, after an inspection and appraisal by the Qinhuai District Netizen Court, it was found that there was no problem with the door of the community, the time setting was reasonable, and there was no rush to open or close the door, so there was no problem with the equipment itself.

There are provisions in the \”Property Management Regulations\” : When a safety accident occurs, property service companies, while taking emergency measures, should report to the relevant administrative departments in a timely manner and assist in rescue work.

This is the requirement for property management issues. Obviously, the security guard dealt with Wang as soon as possible after discovering that he was injured, called for help, assisted the medical staff in sending him to the hospital, and reported it to the property management as soon as possible. The department provided feedback on the situation, and the property management company showed humanistic care and visited Wang many times during his hospitalization. It had fulfilled its responsibility to handle the situation properly, so there was nothing wrong with the property management company in this aspect.

Combined , the property company did not cause any infringement to Wang. Wang is an adult and a person with full capacity for civil conduct. He should have an accurate understanding of his own behavior and can accurately predict whether the electric door is closed. However, he knew that the passage was difficult and he still forced his way through. , which was the main reason for his final fall.

So Wang should be responsible for his own actions and bear the consequences of his errors in judgment. The property company does not need to bear responsibility. Therefore, the court rejected the appeal of Wang’s family.

Source: Sohu.com

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