The small area car warehouse smashed the owner and the property management was sentenced to 80% responsibility

Source: Workers\’ Daily

The small area\’s car warehouse door smashed the main property and was sentenced to 80% responsibility

This report (reporter Wu Yusi) residents of the small area When entering the small area, do not walk the door where pedestrians enter and exit normally, but return from the passage of the underground car warehouse and are smashed by the faulty car warehouse door. Who should be responsible? Recently, the Urumuqi Intermediate People\’s Court finalized the judgment, and the property company assumed 80% of its responsibility.

One day in July 2019, Li, who lives in a small district in Urumu City, took a shortcut and returned from the underground warehouse passage, but was injured by the suddenly falling warehouse door. Later, Li was admitted to the hospital for treatment. In November 2019, he was diagnosed with the injury level of 10. In January 2020, Li Mouqiang filed a lawsuit with the People\’s Court of Midong District, Urumuqi City, requiring property compensation for mislaboration fees, medical fees, and disease compensation funds totaling 120,000 yuan.

The property company claims that from the monitoring videos it provides, it can be seen that when Li Mouqiang entered the small area, he did not walk through the door where pedestrians entered and exited normally, but returned from the passage of the underground car warehouse. The underground car warehouse was originally It is a passage for cars and is prohibited from passing by. Li, who is a person with full civil capacity, knows that the underground car is a passage for cars and still chooses to pass through this passage, and there is a mistake in the main view, he shall bear the responsibility of accidental injuries on his own.

The property company also believes that as the management unit and service unit of the small area, it has posted safety signs in all channels and safety hazards in the small area, and has fulfilled the obligations. There are misconduct and misconduct. Therefore, Li Mouqiang\’s accidental injury has no direct relationship with the property company.

The video also showed that Li Mouqiang returned through the underground warehouse channel, and other residents also took the shortcuts from the underground warehouse to return, but the property company did not remind him.

The Midong District People\’s Court believes that citizens\’ right to life, health and physical rights are protected by law. If you infringe on others and cause personal injury, you should pay medical expenses, care expenses, transportation expenses, etc. for reasonable expenses for treatment and rehabilitation expenses, as well as income reduced due to mismanagement. The property company has not effectively and strictly managed the passage of underground car warehouses, and has not maintained the underground car warehouse in time, so it should be held responsible for the losses caused by Li Mouzheng\’s accident.

The court also believed that Li, as a person with full civil capacity, should clearly see the passage of underground vehicles and vehicles passing through underground vehicles, and there is a certain danger when passing through underground vehicles and knowing that there is danger, so It should be believed that Li Mouqiang had some errors in the occurrence of this accident. Based on the actual situation of this case, it is confirmed that the property division company and Li Mouqiang\’s mis-responsibility in this case should be based on the ratio of 80% and 20%.

In July 2020, the Midong District People\’s Court made a judgment, and the property company compensated Li Mou for 104,000 yuan. The property company was dissatisfied and filed a lawsuit with the Urumuqi Intermediate People\’s Court. Recently, the court made a judgment in the second trial, and returned to the property company to file a lawsuit, maintaining the original judgment.