The child's fingers were interrupted by fitness equipment, and the property failed to meet the disability appraisal standard. Should the child's community be compensated?

If the property is at fault, it shall bear the responsibility within the fault range, and the property does not have to bear it.

Article 56 of China's "Property Management Regulations" stipulates that when there are potential safety hazards in the property, which endanger public interests and the legitimate rights and interests of others, the responsible person shall repair and maintain it in time. Fitness equipment should be included in the scope of public facilities in residential areas, and the public facilities and properties in residential areas bear the main management obligations, so the properties in residential areas should be liable for damages caused by accidents. Public fitness equipment requires high safety. As public facilities in residential areas, the responsibilities of property managers in residential areas must be clear. Residential property should ensure that there are regular manufacturers of fitness equipment and meet product safety standards. Residential property should also undertake the training management of equipment use while installing equipment. Residential property should set up a special person to be responsible for the maintenance of residential fitness equipment in time, and it is not enough to only warn health taboos.

Regulatory link

property management regulations

Article 2 The term "property management" as mentioned in these Regulations refers to the activities that the owners employ property management enterprises, and the owners and the property management enterprises carry out maintenance, conservation and management of the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas.

Article 35 The owners' committee shall sign a written property service contract with the property management enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Thirty-sixth property management companies should provide corresponding services in accordance with the provisions of the property service contract.

If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

General Principles of Civil Law of People's Republic of China (PRC)

Article 18 A guardian shall perform his guardianship duties, protect the person, property and other lawful rights and interests of the ward, and shall not dispose of the ward's property except for the benefit of the ward.

The right of guardians to perform their guardianship duties according to law is protected by law.

If the guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear the responsibility; If property losses are caused to the ward, compensation shall be made for the losses. The people's court may, upon the application of the relevant person or unit, revoke the qualification of guardian.

Article 98 Citizens have the right to life and health.

Article 119 Whoever infringes upon a citizen's body and causes injury shall pay compensation for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid.

Article 126 If a building or other facility and the things placed on or hanging off the building collapse or fall off, causing damage to others, the owner or manager shall bear civil liability, unless he can prove that he is not at fault.

Article 131 If the victim is also at fault for the occurrence of the damage, the civil liability of the infringer may be reduced.

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 1 The people's court shall accept the case that the obligee for compensation has been infringed upon his life, health and body and sued the obligor for compensation, causing property losses and mental damage.

Article 16 In the following cases, the provisions of Article 126 of the General Principles of Civil Law shall apply, and the owner or manager shall be liable for compensation, unless he can prove that he is not at fault:

(a) Artificial structures such as roads, bridges and tunnels. Damaged due to defects in maintenance and management;

(2) The stacked items roll, slide or collapse, causing personal injury;

(3) Trees lodging, breaking or fruit falling, causing personal injury.

The owner, manager, designer and constructor shall be jointly and severally liable for the damage caused by design and construction defects in the case of Item (1) of the preceding paragraph.