Is it true that the elevator is out of control and the old man is scared of a cerebral infarction?

When an old man took the elevator in Hefei, he was shocked by the rapid decline of the elevator. The next day, she felt unwell and went to the hospital for examination. She was diagnosed with acute brain stem infarction, leaving a sequela of mobility inconvenience, which constituted a seven-level disability. In order to discuss the argument, the old man sued the residential property company to the court and demanded compensation. Recently, Hefei Intermediate People's Court made a final judgment on this case.

The elevator dropped rapidly, and the old man had a cerebral infarction and sued the property.

2065438+On the morning of February 27th, 2006, around 10, Li Yun (pseudonym), who is over 60 years old, accompanied by his son and other family members, took the elevator on the west side of Building A, oriental ginza, Yaohai District, Hefei City. In the residential area where he lived, the elevator suddenly lost control and fell rapidly during the normal descent.

Li Yun and other elevator passengers were frightened to varying degrees. Afterwards, Li Yun felt that it was not suitable to go to the hospital the next day, and was diagnosed with brain stem infarction (acute phase) by Hefei Second People's Hospital.

After many treatments, Li Yun still has sequelae of mobility inconvenience and was identified as a seven-level disability.

After the incident, Li sued the residential property company Hefei Jintian Property Management Co., Ltd. (hereinafter referred to as Jintian Property) to the court, demanding that the property company compensate for various losses totaling more than 3 1000 yuan.

In the trial of the first instance, the court accepted the application of Jintian Property and entrusted the appraisal center to appraise the correlation between the elevator failure and the damage consequences of Li Yun. The appraisal opinion holds that there is causality, and the participation rate is 45%~55%.

The elevator should bear half the responsibility for the injury of the elderly.

It is understood that Jintian Property entrusted two elevator companies to carry out regular maintenance on elevators on 20 15 and 20 16 respectively. However, during the regular inspection of the elevator involved, the inspection conclusion of the elevator on March 26, 20 15 showed that it was unqualified and passed the re-inspection.

So Liu Yun's injury was caused by the elevator falling out of control while taking the elevator? The testimony of relevant witnesses in court proved that on the morning of February 27, 20 16, when the elevator descended normally, it suddenly lost control and descended rapidly. At that time, passengers including lee woon-jae were frightened to varying degrees.

According to the appraisal opinion of the appraisal center, there is a causal relationship between Li Yun's own physical reasons and elevator failure and its injury consequences. The court of first instance found that the participation rate of elevator failure in the consequences of Li Yun's injury was 50%.

The property management company was awarded compensation of 1 1, 000 yuan.

The court of first instance held that Li Yun, as an elevator passenger, was accompanied by an adult family member on the day of the incident and did not improperly use the elevator. Therefore, Liu Yun is not at fault for the consequences of his own damage. Although Jintian Property, as the manager of the elevator, provided corresponding maintenance records, the inspection records showed that the elevator was unqualified, and witnesses also confirmed that the elevator involved sometimes broke down, Jintian Property did not provide any maintenance records. Therefore, the court of first instance held that Jintian Property failed to fulfill its full and prudent management responsibilities and was at fault for the damage consequences to Liu Yun.

Accordingly, the first instance ruled that Jintian Property compensated Li Yun for medical expenses, follow-up treatment fees and disability compensation. , a total of 1 1, 000 yuan.

Jintian Property refused to accept the judgment of the first instance, and appealed that their property did not receive any complaints about elevator failure on the day of the incident, and there was no elevator failure on the same day. "We are just the property service unit of the community, not the owner and manager of the elevator. According to the property service contract, we have carried out daily maintenance of the public facilities in the community, fulfilled the obligation of property service, and there is no fault in itself. Even if our property should be liable for compensation, it is obviously too heavy to bear 50% of the liability for compensation, because Li Yun himself has many diseases. "

Recently, Hefei Intermediate People's Court rejected the appeal in the second instance and upheld the original judgment.

The judge's statement

The property company shall fulfill the obligations of the elevator users.

The second trial of Hefei Intermediate People's Court held that the fact that Li Yun was injured by the elevator fall, according to the witness testimony and the expert opinion that Li Yun's hospitalization and weightlessness can lead to acute brain stem infarction after the accident, can prove that Li Yun was injured by the elevator fall with a high probability.

Take the elevator normally in lee woon-jae residential area, and there is no fault for the elevator falling. The elevator in the residential area belongs to special equipment, which belongs to * * * *. Someone can entrust the property service unit or other managers to manage the special equipment. Jintian Property, as the property service unit of the incident community, should fulfill the obligations of elevator users and be liable for compensation for the losses caused by elevator accidents to others.

After the accident, the cause of the elevator falling has not been ascertained. If Jintian Property thinks that it is not at fault for the accident, it can claim compensation from the party directly responsible for the accident after assuming the liability for compensation to Liu Yun. Wu mengjun Zhang Jian