Job Recruitment Website - Property management - The road was slippery and the owner fell. What should I do?
The road was slippery and the owner fell. What should I do?
Afterwards, Mrs. Li filed a lawsuit for medical expenses, lost time and compensation for mental damage with the property management company where her residence was located. Case 2: The grease trap for a restaurant located in the lobby of a building overflowed, and the spilled oil made the lobby floor slippery. Mr. Zhu, a resident in the building who is nearly sixty years old, slipped on the floor while passing through the lobby and was taken to the People's Hospital, where he was diagnosed with a comminuted fracture of the left femoral intertrochanteric. I was hospitalized for 23 days before and after, and spent 6.5438+0.9 million yuan on medical expenses. To this end, Mr. Zhu filed a lawsuit with the court, requesting the court to order the property management company to bear the responsibility. After trial, the court held that the direct cause of Mr. Zhu's slip and fall was the oil pollution on the floor of the lobby of the building, and the restaurant's poor management of its special grease trap led to the leakage of oil pollution, which caused damage to the plaintiff and should bear the plaintiff's economic losses. As the property management company of the building, it is the responsibility to properly manage the lobby and make it safe to use. When the floor of the lobby was wet and slippery, Mr. Zhu failed to take timely and reasonable cleaning and protection measures, which caused him to fall when passing through the lobby. The property management company shall be liable for Mr. Zhu's losses. The court ruled that Mr. Zhu's loss was caused by the same fault of the restaurant and the property management company, each of which was responsible for 50% and joint liability. Then, if the owner and tenant fall in the property management area, should the property management company be responsible for compensation? The responsibility of these cases belongs to the special tort civil liability stipulated in China's civil law, that is, the General Principles of the Civil Law of People's Republic of China (PRC) and the third paragraph of Article 106 of the General Principles of the Civil Law stipulate: "If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability." Therefore, whether the property management company should bear the liability for compensation depends on whether the law stipulates that it should bear civil liability. According to the provisions of Article 125 of the General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), construction workers who dig, repair or install underground facilities in places, roadsides or passages used by People's Republic of China (PRC), without setting obvious signs or taking safety measures, shall bear civil liability. The essence of this special liability clause in China's civil law is whether there are "obvious signs" and "safety measures". If there are both, then the construction personnel can not bear civil liability. On the contrary, in the absence of any of the above points, the construction personnel should bear civil liability. If the residents' fall is caused by the employees of the property management company in the process of construction or operation, such as mopping the floor and making the ground slippery, and the property management company fails to set obvious signs and take safety measures to cause damage to residents or others, it is naturally difficult for the property management company to shirk its civil legal liability for compensation. Similar to the second case, the property management company should deal with the oil spill in time and take various effective safety measures, including cleaning up and setting warning signs. If this situation is ignored, once a lawsuit is filed, the property management company may be liable for compensation. In order to avoid this situation, the property management company must repeatedly warn the staff responsible for cleaning and hygiene at all times, and must carry "mop the floor, be careful to slip and fall!" "Warning signs, and put the warning signs in an obvious position, don't save the warning signs because of trouble. According to Article 18 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, "Business operators shall ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. " This legal provision is consistent with Article 125 of the Civil Code of China, and both of them contain the legal requirement of "clear warning". However, compared with these two legal provisions, the scope of application of the former obviously exceeds that of the latter, which only refers to the ground construction process, while the former includes the whole process of sales, service, purchase and use of operators. Tenants, as consumers of property management services, are more likely to slip in the property management area, such as the entrance and exit of buildings or toilets, due to the slippery ground and many pedestrians. Whether the property management company should be liable for compensation depends on the following two situations: the first situation is that if the property management company has set up or erected warning signs such as "Slip here, be careful to fall" in the lobby or toilet where residents are prone to slip and fall. In that case, if a resident falls down carelessly, the property management company does not have to bear the civil liability for compensation, but only bears the administrative legal responsibility of improving facilities and strengthening anti-skid measures, and does not make any compensation. In the second case, if the property management company does not give any warning or reminder in a conspicuous place and does not take any anti-skid measures, it will not be easy for the property management company to shirk its civil liability for compensation, and it may be liable for medical expenses such as residents' slips and falls, unless it is due to other force majeure factors such as storms and earthquakes. In order to ensure the safety of the owners and tenants, prevent the damage caused by unexpected events to the owners and tenants, and avoid unpredictable risks, it is suggested that the property management company purchase public liability insurance and transfer the liability risk to the insurance company. In case the interests of the owners, residents and other personnel are damaged due to the negligence or negligent behavior of the property management company, the insurance company can also bear the corresponding liability for compensation.
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