Division of responsibilities between owners and users in elevator accidents

According to the regulations, in the event of an elevator accident, the first responsible subject is the user, and the elevator user performs the elevator safety management responsibility. If the elevator does not clearly use the unit, it shall not be put into use.

Legal analysis

After the installation of the elevator, the construction unit has not been handed over to the owner of the elevator, and the construction unit is the elevator user; Commissioned by the property enterprise management of the elevator, the entrusted property for the elevator use unit. If this incident is defined as a production safety accident, we can find out the responsible subject, divide the responsibility and determine the relevant punishment measures according to the Law on Safety in Production and the Law on Safety of Special Equipment. Secondly, after this characterization, some of the main responsible persons will face the possibility of being convicted and punished for the crime of major accidents according to regulations, that is, those who violate the relevant safety management regulations in production and operation and cause major casualties or other serious consequences will be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Elevator belongs to special equipment. According to the provisions of the Law on Safety of Special Equipment, the manufacturer of elevators, that is, the manufacturer, should inspect and debug the elevators in accordance with the requirements of safety technical specifications during the process of manufacturing, installation and transformation. In the follow-up investigation and understanding of the safe operation of the elevator, it is found that there are serious hidden dangers of accidents, and it shall promptly inform the elevator users and report to the departments responsible for the safety supervision and management of special equipment. If you know that the product has logo defects, you should immediately stop production and recall it. If the manufacturer violates the above obligations, he may be fined and ordered to stop production. If the circumstances are serious, its production license may be revoked. If the main person in charge of the unit responsible for the accident fails to perform his duties according to law, resulting in the accident, the special equipment safety supervision and management department shall give punishment, and those who violate the criminal law may be investigated for criminal responsibility according to law. As the user of elevators, shopping malls should carry out regular maintenance and self-inspection of elevators, and have the obligation to formulate special emergency plans for elevator accidents, and conduct safety education and skills training for operators. When the elevator breaks down or there is an abnormal situation, it should stop using the elevator and conduct a comprehensive inspection to eliminate the hidden dangers of accidents.

legal ground

Article 84 of the Law of the People's Republic of China on the Safety of Special Equipment, in violation of the provisions of this Law, if the user commits any of the following acts, shall be ordered to stop using the relevant special equipment, and shall be fined between 30,000 yuan and 300,000 yuan: (1) using special equipment that has been produced without a license, has not been inspected or failed to pass the inspection, or has been explicitly eliminated or scrapped by the state; (two) special equipment failure or abnormal situation, without a comprehensive inspection, eliminate the hidden dangers of accidents, continue to use; (3) The special equipment has serious hidden dangers of accidents, has no value of transformation or repair, or meets other scrapping conditions stipulated in safety technical specifications, fails to fulfill the scrapping obligations according to law, and goes through the cancellation procedures of the use registration certificate.