The child hit the elderly by bike, and the court sentenced the child and the parents to bear all the liability for compensation

Jimu Journalist Qiu Mu

Correspondent Wang Xueyue Chen Yongzheng

The old man took a walk in the community and was knocked down by a child riding a stroller. The Wuchang District People's Court believed that the parents did not fulfill their duties in their supervision. They judged that the children and parents were liable for all compensation, and the property company assumed supplementary responsibility.

It is understood that at 10 o'clock on January 17, 2021, when the 89 -year -old Mr. Li was walking normally in a community in Wuhan, Xiaoyu (pseudonym) rode a child bicycle behind him and knocked Mr. Li to cause injuries to injury Essence At the time of the incident, the sidewalk on the section was full of motor vehicles.

At the scene of the incident (correspondence with correspondent)

After being injured, Mr. Li was sent to the hospital for 19 days. He was discharged from the right of the artificial hip joint and a fracture around the femoral prosthesis. After identification, Mr. Li constituted a tenth level of disability.

After the incident, Mr. Li claimed the claim from Xiaoyu Fang and the Property Company. In May 2022, Xiaoyu and his mother and property company were sued to the Wuchang District People's Court to request compensation for medical expenses, hospital food subsidies, and nursing fees. , Nutrition costs, follow -up treatment fees, appraisal fees, and transportation costs of more than 80,000 yuan.

During the trial, Xiao Yu's parents recognized the fact that Xiaoyu had hit the old man, but believed that there was a mistake in walking in the motor lane. The property company argued that it had fulfilled its management obligations and should not bear responsibility.

According to the court, Xiaoyu was less than 8 years old who was less than 8 years old. More, it should be foresee that Xiaoyu's cycling behavior may exist, but it does not manage and restrained Xiaoyu's behavior, and has not fulfilled its duties.

As a property manager of a community, a property company has not provided evidence to prove that the motor vehicle parked on the sidewalk at the time of the incident has taken management measures to standardize parking, which leads to the occupation of the sidewalks and failed to fulfill the obligation to security. A property company, as the subject of the responsibility of security guarantee, has a fault, but has no form of consent to contact Xiaoyu, that is, there is no common subjective fault. The property company should bear supplementary responsibility in this case.

Combining the cause of the accident and the existing fault of all parties, the court determined that Xiaoyu and his mother assumed all civil compensation liability for the damage to Mr. Li, and a property company assumed supplementary compensation liability within 20%of the degree of fault.

Invoicing the judge Wang Lipeng introduced that Article 1,98 of the "People's Republic of China" stipulates that hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other operating places, operators, managers of public places, managers, managers Or the organizers of mass activities, if they fail to fulfill their obligations of security and cause damage to others, they shall bear the liability for infringement. If the behavior of a third party causes damage to others, the third party shall bear the liability for infringement; if the operator, manager or organizer fails to fulfill the obligation of security and shall bear the corresponding supplementary responsibilities. After the operator, manager, or organizer bear the responsibility, he can recover from the third party. As the main body of security obligations of the community, the property company shall assume the responsibility of security guarantee obligations within the scope of the property service standards, the urgency and danger of the accident, and the professional management capacity of the property company.

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