The old lady fell twice in a row, who should be responsible?

The mother -in -law of Wang, who lives in the city of Chengdu, was nearly seventy years. She fell twice in the same place in her own community and injured twice. On June 13, the reporter from the Evening Xia Daily learned from the People's Court of Chengdu High -tech Zone that the court recently tried the violation of disputes in the infringement, and judged that Wang's mother -in -law shall bear the main responsibilities by himself, and the remaining infringements should be liable for compensation within the scope of responsibility.

Case: Why did the old lady fall twice?

In two days, her mother -in -law fell twice at the elevator port of the residence unit, causing multiple injuries and fractures in her body.

Mother -in -law Wang recalled that when she fell for the first time, when she waited for the elevator that night, she tried to avoid pedestrians. The protective film is paved with the company renovated on the first floor, forming a large hole in the elevator mouth due to wear.

The action of mother -in -law was basically normal after falling. But early the next morning, she contacted Lou Chang (non -property staff) to the incident to tell the process of falling. During the demonstration, Mother -in -law accidentally fell again and caused serious damage. Later, she sued the community property company and decoration company to the court, asking for compensation for medical expenses and disability compensation for a total of more than 120,000 yuan.

Judgment: The plaintiff assumes the main responsibility by himself

The court of High -tech Zone held that the lack of necessity and rationality in the first fall of her mother -in -law demonstrated to others, and as an adult, she should foresee the risks of the presentation process, which violates the attention of ordinary people and cautious obligations. At the same time, the injury of Wang's mother -in -law was mainly caused by the second fall, so she should bear the main responsibility for her injuries.

The on -site decoration company did not discover and replace the protective film that had been severely damaged in time, which significantly increased the risk of the damaged protective film area, and caused the elderly to be tripped over by the protective film. There was a significant fault in the decoration company's first fall of the elderly. Because of the important cause of the first falling department for the first time, and the injury of the first fall was absorbed by the second fall, the decoration company should bear 10%of the liability for the injury of Wang's mother -in -law.

The property company has the obligation to find and deal with the hidden dangers of public areas in a timely manner. It has been a period of time involving a protective film damage, but the property company has not discovered and dealt with in time, and has not fulfilled the obligations of security and guarantee within a reasonable limit. After the case was sentenced in the first instance, the original and defendants were convicted.

[Judge said]

"As an individual involved in social life, whether it is a natural person, legal person or other organizations, they should fulfill their due obligations and cautious obligations." Luo Lianghua, a judge who tried this case The victim of the management obligations, but the unnecessary imitation of dangerous actions, led to severe injuries and assumed the main responsibility, it was very regrettable.

At the same time, Judge Luo also reminded that the community property and decoration companies should fulfill the necessary, timely management and maintenance obligations of the laid decoration protection film, and cannot simply "spread it." (Luo Lianghua Zhang Run Yangxia reporter Yang Min)

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