Loose manhole cover hurts people. How does the property company bear the responsibility of lost time?

After trial, the court held that if underground facilities such as pits and wells caused damage to others and the manager could not prove that he had fulfilled his management duties, he should bear tort liability. If the infringer is also at fault for the occurrence of the damage, the liability of the infringer may be reduced. In this case, Anmou was injured because the water pipe was pressed under the manhole cover managed by the two defendants, and the two defendants should bear joint responsibility for Anmou. However, considering that the pit is not on the sidewalk in the community, but on the lawn, and there are lighting facilities nearby, Anmou failed to walk on the sidewalk. Because he is mentally disabled, his legal representative has some faults in supervision and care, and there are some faults in the occurrence of damage results. Therefore, part of the tort liability of the two defendants should be reduced. Article 91 of the Tort Liability Law of People's Republic of China (PRC) stipulates that "if the underground facilities such as manhole cause damage to others and the manager cannot prove that he has fulfilled his management duties, he shall bear tort liability." This article applies the principle of presumption of fault liability, that is, first, it is presumed that the pit manager is at fault for the occurrence of damage, and the manager can prove that he has fulfilled his safety management obligations, or there is evidence to prove that the damage result is intentionally exempted from liability by the victim. In this case, the two defendants can't prove that they have fulfilled their corresponding management responsibilities, so they should bear corresponding liability for damages. Tragedy cases caused by the lack of manhole covers or management defects are common in practice, and the occurrence of such tragedies must attract our great attention. On 20 14, a manhole cover injury occurred in a property management department in Beijing, and the injured person was identified as grade 7 disability by judicial appraisal. The court of first instance ruled that the property company was liable for 80% compensation. The case of our company warns us that such cases are not far away from us, and all property management departments must be vigilant, eliminate risks and avoid tragedies. As a property service provider, it is necessary to fulfill the obligations stipulated in the property service contract, fulfill the obligations of security, and create a relatively safe living environment for community owners.

Most accidents caused by manhole covers are personal injuries, ranging from injuries to deaths. Once the manhole cover hurts people in the jurisdiction of the property company, it means that the property company will face huge economic compensation. At the same time, it will also trigger a series of chain reactions, such as the adverse impact on the company's image, service quality and service level, the challenge to the harmonious relationship between property companies and owners, the difficulty in collecting property fees, and the risk of being sued.