Who will bear the medical expenses caused by dereliction of duty in property management?

If the property management company, the construction unit and the developer can't prove that they are not at fault for the owner's death, but turn a blind eye to the potential safety hazards in the incident and have serious faults, they should compensate and bear the medical expenses.

According to the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, compensation for mental damage refers to the mental comfort payment that the victim or the close relatives of the deceased claim compensation from the infringer according to law because of the physical and mental pain, abnormal mental torture or physical and mental damage (negative feelings) caused by the victim's personal rights and interests such as life and health. Ask the infringer to pay some money compensation to show the infringer's apology to the victim and let the victim get some psychological comfort.

The amount of compensation for mental damage in Article 10 of the Interpretation is determined according to the following factors:

(a) the degree of fault of the infringer, except as otherwise provided by law;

(2) The means, occasions and behaviors of infringement;

(3) Consequences caused by the infringement;

(4) profits of the infringer;

(five) the economic ability of the infringer to bear the responsibility;

(6) The average living standard of the court.

1, the degree of fault of the infringer

If there is serious fault in property management, the property agency shall be responsible for it. In the process of management, there are great security risks, but if they are allowed to develop, the victims (car owners) will eventually be injured and even pay the price of their lives.

2, infringement means, occasions, behavior, consequences and social impact.

Property should provide people with a safe and comfortable living environment, and a large number of owners and pedestrians enter and leave the community every day. However, the property management company failed to fulfill its management function, which led to the consequences of injury or even death of the victim (owner).

This incident has caused great psychological panic to the residents of the whole and surrounding communities. After the incident was reported by the media, many citizens called to inquire about the case, paid attention to the development of the incident, and expressed their condemnation of the developers and property management companies.

3, the infringer's profitability and economic ability to bear responsibility.

As the construction unit of the community, the developer is responsible for the construction of the community and the safe use of the buildings under construction.

Construction enterprises have not fulfilled their construction management responsibilities.

It is reasonable to think that it is wrong for developers and construction enterprises not to follow the relevant safety standards during the project construction.

In recent years, there have been a large number of casualties caused by poor property management all over the country. In Beijing alone, there were four fatal accidents on the Internet.

However, these incidents have not attracted the attention of relevant departments, developers and property management companies. The source of many accidents should be said to exist in the process of project planning, design and construction. For example, the problem of lighting wells in semi-basement and basement is prominent, which is the chief culprit leading to the tragedy.