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Compensation basis for elevator personnel trapped for more than 30 minutes
According to the Regulations on the Use and Management of Elevators, if an elevator breaks down, it should be released within 30 minutes. Therefore, if the elevator is trapped for more than 30 minutes, you can claim compensation from the property. In judicial practice, under special circumstances, if there is a serious fault in the elevator and it is difficult to complete the maintenance within 30 minutes, the property management company should notify and publicize it to avoid personnel losses.
General compensation items: medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as income reduced due to missed work.
Whether the trapped elevator can claim for compensation due to power failure needs to confirm the following points:
1. Does it cause personal injury to the trapped person?
2. Did the rescuers arrive at the scene for more than 30 minutes? If the answers to the above two questions are affirmative, the elevator users can be required to compensate for appropriate economic losses. If the answer is no, you can't claim compensation. Because the failure of the elevator can't be the same, the time required for maintenance is different. For the same fault, the technical ability of the maintenance personnel is different, even the luck is different (if you are lucky, you can see the fault at a glance, if you are not good, you have to find it for half a day), and the time required for maintenance will be different. Also, the distance from the maintenance department will make the time different.
Legal basis: Article 1 179 of the Civil Law of People's Republic of China (PRC) infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the reduced income due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
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