A 4-year-old boy from Shandong fell to his death. Neighbors, owners and developers hold different opinions. Who should be responsible?

On the night of the incident, Zhang, who lives in a residential area in lanshan district, Linyi City, took his 4-year-old son to the neighbor's house on the 6th floor of/kloc-0. After a dinner party, neighbors on the15th floor reported that the toilet on the16th floor was leaking, so neighbors on the16th floor went to the15th floor to deal with the problem, so Zhang took it with him.

/kloc-there are two old people living on the 0/5 floor. The house was still being renovated. Because of the balcony decoration, the old couple removed the glass and metal guardrail at the floor-to-ceiling window of the east bedroom, and the device has not been restored so far. At that time, after the neighbors on 16 floor arrived, Shuang bento went to the bathroom to check the leaking scene, followed by Zhang. At this time, Fan Congcong got rid of Zhang's traction and played indoors alone.

Of course, dealing with the problem of housing leakage can not be completed in a few words. Because it was dusk and the indoor light was dim, no one noticed the trace of Congcong. Everyone was negotiating about the water leak when suddenly they heard a loud noise. When Zhang and others ran out, they were gone.

Zhang, who foresaw the accident, immediately looked around and finally found that there was something abnormal in front of the French window that had not been installed. Later, when checking, Zhang almost fainted to the ground, only to see that he had fallen on the balcony on the third floor and there was no sound. Zhang and others immediately went to the third floor. When Cong Cong was discovered, Cong Cong had no vital signs. Because he touched people's lives, everyone immediately called the police.

After on-site investigation and inspection, Cong Cong accidentally fell to his death. A fresh life is gone like this, and Zhang and her husband are in pain. After several reflections, they think that the neighbors on15th floor did not install floor-to-ceiling windows, which is the main reason for Cong Cong's fall, while the developers' neglect of property management and unreasonable touch are the secondary reasons for Cong Cong's fall. So the couple filed a claim with the three parties for more than 560,000 yuan.

The owner of the15th floor is very sorry for such a thing at home, but thinks that Cong Cong came with his mother and the neighbors on the16th floor, not invited by himself. After entering the room, Cong Cong's mother should take care of and protect Cong Cong, instead of letting Cong Cong out of sight and eventually having an accident. Congcong's mother should also bear certain obligations, and both the property and the developer said they were not responsible. Because the two sides failed to negotiate, they went to court.

In July 2020, the lanshan district court accepted the case. During the trial, the two sides were tit for tat and each said its own reasons. Congcong's parents insist that neighbors, property and developers on the 15 floor have obligations. And the other party also presents corresponding laws, regulations and evidence to prove that I have no or little obligation.

/kloc-neighbors on the 0/5th floor said that I bought this house without 60 square meters, and the main purpose was to provide for the elderly. I sympathize with Cong Cong's misfortune very much, but I should draw a clear line of duty. I can't accept Cong Cong's parents' claim because of my poor economic conditions.

The residential property company argued that Cong Cong fell from the owner's room on 15 floor and died. The owner's room does not belong to the scope of property management, but to the owner's personal space. The property management company has no right to interfere with the decoration of the room. In the fatal accident in Cong Cong, the property management company was not at fault and should not bear tort liability, so compensation should not be stopped.

The developer argues that the balcony of the house is for the owner, but after the owner buys it, it is the private property of the owner, and the developer has no right to interfere whether it can be demolished or transformed. There is no fault in giving the balcony to the owner when opening the house, and it should not bear the tort obligation of Cong Cong's death, nor should it bear the obligation of compensation.

In fact, the focus of this case is who should be responsible for Cong Cong's death. First of all, let's see if Congcong's parents have an obligation. According to the General Principles of the Civil Law, "the guardian's duty is to carry out civil legal acts on behalf of the ward and safeguard the personal rights, property rights and other legitimate rights and interests of the ward. If the guardian fails to perform his guardianship duties or damages the legitimate rights and interests of the ward, he shall bear legal obligations. "

Congcong's mother, as a guardian, should safeguard Congcong's personal rights and interests. Cong Cong was taken by her mother to her neighbor's house on16th floor. Later, because I was busy, I went to my neighbor's house on the fifth floor of/kloc-0. Cong Cong's mother should pay attention to safety all the time. However, after entering the neighbor's house on 15 floor, Cong Cong broke away from her mother's traction and played alone. However, due to her busy work, her mother didn't pay attention to safety, which led to Cong Cong's unfortunate fall and failure to perform her guardianship duties.

Let's see if the neighbors on 15 floor should be responsible. China's Tort Liability Law stipulates that "buildings, structures or other equipment and their placed and suspended objects fall and cause damage to others. If the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. If the owner, manager or user has other obligors after compensation, he has the right to recover from them. "

During the renovation of 15 building, the owner should stop prompting the other party when someone enters, especially the floor-to-ceiling windows of 15 building are not equipped, which has great security risks. After Cong Cong was brought in by his mother, she should promptly remind Cong Cong's mother to stop looking after her son, or refuse her mother and son to enter. However, at that time, the15th floor failed to fulfill its obligations in this respect due to the water leakage dispute. After the story happened, the15th floor should bear the responsibility.

So should property and developers bear the obligation of compensation? While the property and the developer were arguing in court, Cong Cong's death occurred in the interior of Building 15, which belonged to the owner's private space, and Cong Cong's family was also a resident of the community. There was no situation that the property was allowed to enter, and the developer stopped the decoration of the balcony when giving it away, eliminating the potential safety hazard. Later, it was an accident during the renovation of building 15, which should have nothing to do with the property and developers.

Faced with this situation, in order to maximize the interests of Congcong's parents, the undertaker decided to adopt mediation to deal with this problem. After obtaining the consent of many parties, the undertaker fully mobilized the humanistic care of all parties, played down the tragic mood, promoted human care, and urged to resolve contradictions. After unremitting efforts, Congcong's parents finally let go and finally allowed to stop mediation.

According to the news of lanshan district court on September 22, 2020, after many telephone mediations, the four parties finally reached a disagreement agreement, and the neighbors on 15 floor compensated Cong Cong's parents for various losses of120,000 yuan, and paid10,000 yuan on the spot. The developer and the property management company said that they would voluntarily compensate Congcong's parents for 8,000 yuan and10,000 yuan from the humanitarian point of view, and this dispute was properly resolved.

Children are the heart of parents, and no matter how they leave, they will be ecstatic. As parents, we must pay attention to the care of our children during their minor years, especially in childhood, and we must not leave our own vision to avoid their children being hurt to a certain extent.

As a neighbor, if someone visits, especially if the children come to play at home, they must fulfill their obligation to inform. In special periods such as house decoration, neighbors should be refused to visit in a friendly way to avoid tragedies and entanglements. Cong Cong's death once again sounded the alarm for people, which deserves everyone's vigilance.