Whose fault is it that pedestrians hit under the lifting pole?

Lifting poles are set up and managed by property management companies, and only they can control the lifting poles. Therefore, if the property management company does not set an express sign prohibiting pedestrians from passing, the lifting rod will hit people or vehicles due to poor management or other reasons, and the personal and property losses caused thereby will be borne by the property management company. Even if the property management company strictly distinguishes between sidewalks and motorways when managing the gate, and has set clear signs to force pedestrians to pass through the motorway, security personnel should stop the traffic in time or control the falling of lifting poles to prevent accidents. Once the lifting rod hits someone, the property company still has to bear part of the responsibility. The vast majority of infringement cases are based on fault, and the people's court should determine whether the infringer is at fault and whether there is a causal relationship with the damage result according to the specific circumstances when the infringement fact occurs. Therefore, how to answer questions in court directly determines whether to take responsibility and the proportion of responsibility.

legal ground

Article 1 198 of the Civil Code of People's Republic of China (PRC). Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities. Article 18 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests shall ensure that the goods or services provided by them 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 a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other places of business shall fulfill their obligations of safety protection for consumers.