What happened when a resident fell on an empty elevator?

Ms. Yuan, who lives in Hefei Hayden Mansion, planned to go downstairs one day in May last year, but when the elevator door on the 22nd floor opened, she planned to enter the elevator, but it was empty. It turned out that the elevator didn't go to the 22nd floor, but stopped at the 20th floor. Ms. Yuan fell on the top of the elevator car and was taken to the hospital for treatment. Ms. Yuan suffered multiple fractures, which eventually led to her 10 disability. In order to discuss the argument, she sued the elevator maintenance unit and the residential property company to the court. During the trial, Ms. Yuan's own fault became the focus of the case.

What happened:

Things should start at 5 pm on May 8 last year, when Ms. Yuan was going to take the elevator downstairs from the 22nd floor. She walked in when the elevator door opened. Unexpectedly, the elevator door was empty, so she fell into the elevator shaft and finally fell to the top of the elevator car on the 20 th floor. Afterwards, I learned that the elevator stopped at the 20th floor. After Ms. Yuan fell, she was badly hurt and shouted for help. Neighbors heard the cry for help and called the police for help. Finally, fire officers and soldiers arrived and rescued Ms. Yuan with ropes.

Ms. Yuan was sent to the Third People's Hospital of Hefei for treatment, and was diagnosed with the fifth lumbar fracture and pelvic fracture. She was hospitalized for more than 100 days. According to the judicial appraisal, Ms. Yuan's injury is level 10 disability.

First trial? It is determined that the maintenance unit is responsible for 80%.

It is understood that the elevator that Ms. Yuan took was installed and maintained by Nantong Sijian Elevator Engineering Co., Ltd., and the company has paid Ms. Yuan more than 80,000 yuan after the incident. In order to discuss the argument, Ms. Yuan sued the elevator maintenance unit and the residential property company to the court, demanding compensation for their losses of 6.5438+0.8 million yuan. The court of first instance held that when opening the elevator door, Ms. Yuan should observe the situation inside the elevator before taking the elevator. She didn't see that the elevator had no base, or she rushed in and caused a fall. She is at fault for her own damage and should bear 20% of the loss. Nantong Sijian Elevator Engineering Co., Ltd., as the installation and maintenance unit of the accident elevator, takes 80% responsibility. According to the judgment of the first instance, Nantong Sijian Elevator Engineering Co., Ltd. paid Ms. Yuan spiritual comfort and disability compensation totaling 6.5438+0.2 million yuan.

Appeal? The elevator maintenance record is not true.

After the judgment of the first instance, Ms. Yuan refused to accept the appeal. She believes that the elevators involved often have various problems and have been complained by residents of the community many times. After the accident, Baohe District Market Supervision Administration issued the Decision on Administrative Punishment. "Nantong Sijian Elevator Engineering Co., Ltd. did not maintain the elevators in the community normally, which was the main reason for the accident." Ms. Yuan believes that it is wrong for the court of first instance to assume 20% responsibility.

The second instance of Hefei Intermediate People's Court found that Nantong Sijian Elevator Engineering Co., Ltd. failed to carry out elevator maintenance according to the requirements of safety technical specifications according to the administrative penalty decision issued by Baohe District Market Supervision Administration.

Final review? 2. The Judicial Maintenance Unit shall assume full responsibility.

Regarding whether Ms. Yuan should bear the responsibility, the second instance of Hefei Intermediate People's Court held that it can be seen from the administrative punishment decision that the elevator in this community has been complained many times before due to failure, but the maintenance unit did not pay enough attention to elevator safety. Even if Ms. Yuan has a certain duty of care, it is insignificant compared with the fault degree of the maintenance unit. The first trial found that Ms. Yuan's 20% responsibility should be corrected, and Nantong Sijian Elevator Engineering Co., Ltd. should bear all the liability for compensation. Recently, the case was finally decided, and Nantong Sijian Elevator Engineering Co., Ltd. compensated Ms. Yuan for more than 69,000 yuan (more than 80,000 yuan has been paid).