Who is responsible for "hurting people" without covering up?

At around the morning of September 18, 2021, Zhengzhou citizen Xiao Li (a pseudonym) watched the mobile phone after gathered. After the service area of ​​a property company, when a venue was constructed by a garden engineering company, it fell into the no warning signs without the warning signs. Among them, it injured.

After the incident, Xiao Li was taken to the hospital and was diagnosed with chest trauma and multiple rib fractures on the right side. She was hospitalized for 8 days. It costs more than 4,700 yuan during hospitalization. After discharging, according to the doctor's order, Xiao Li needs to continue to fix the chest strap, and continue to take 1 post per day of the affected area of ​​the beauty Simbabu cream. , Unwilling to follow the clinic. Xiao Li believes that due to the faults of the property company and the garden engineering company, they were injured, so they claimed the two companies to the court and demanded compensation for their medical expenses, mistakes, and nursing fees for more than 63,000 yuan.

At the trial of the trial, the court asked the defendant's garden engineering company to the current situation of the project involved in the case. Whether the defendant set a warning sign. The company claims that the Horizontal Hiroi is covered with wooden boards after construction. Due to the normal operation of the shop at the door, the police cannot be pulled.

The Zhengzhou Jinshui Court was tried in accordance with the law to comprehensively determine the plaintiff's medical expenses, misunderstandings, and nursing fees for a total of more than 25,000 yuan. Lee more than 15,000 yuan.

Judge

The case is the right to live, health, and physical rights caused by underground facilities such as Yijing. Article 1,258 of the "People's Republic of China" stipulates: "Digging in public places or on roads, repair and installation of underground facilities, etc. Bringing liability shall be assumed; underground facilities such as Takai Inn and other underground facilities cause damage to others. If the manager cannot prove that he can do his management responsibilities, he shall bear the liability for infringement. " It can be seen that the principle of fault and settlement of underground facilities damage is implemented. Practices are implemented on subjective fault elements. As long as there is no obvious signs and no security measures, the fault is directly pressed. The plaintiff does not need to prove that the defendant has a fault. Is there a cause and effect between whether there is a causal relationship between the underground facilities such as Yaojing and the plaintiff's infringement is the prerequisite for determining whether the defendant is responsible and the proportion of liability. According to the law, underground facilities such as Takijing cause damage to others. If the manager cannot prove that he can do his management responsibilities, he shall bear the liability for infringement. If the infringer is also faulty to the occurrence of damage, it can reduce the responsibility of the infringer.

In this case, the defendant's garden engineering company did not set up obvious signs on the construction site as the construction party, and failed to prove that safety measures should be taken, and 60 % of the liability for compensation shall be assumed. The construction case involved in the community is in normal use state, and the nearby shops are operated normally. As a property management company in the community, the defendant's property company should still have a certain management responsibility. %Responsibility. It can be seen from the video of the posting that the plaintiff, as a capable person with a full civil behavior, bowed his head while looking at the mobile phone, and should also bear 20 % of the responsibility for the occurrence of its own damage.

In judicial practice, managers of underground facilities such as Takai often cause infringement liability for infringement with force majeure, faults of victims, or damage to third parties. However, according to the above laws and provisions, even if there are other foreign reasons, the damage occurs, and the manager should prove that he has fulfilled his management and maintenance responsibilities. The management and maintenance responsibilities here include not only setting warning signs, providing security measures, etc., but also after being destroyed or moving by others by others, they should be supplemented, repaired, and restored. Obligations shall bear the corresponding infringement liability.

Of course, if the victim's infringement caused by failed to pay attention to the reasonable obligation, there is also a fault that causes their own injuries, which can reduce some of the legal responsibilities of the manager. In addition, in combination with this case, as the actual management unit of the community in the accident, the property company should maintain the safety of public facilities in the community, but did not discover or eliminate the hidden safety hazards of the well in time. Responsibilities should bear the corresponding infringement responsibilities. This obligation refers to the active obligation of the obligations of the facilities and equipment of the facilities and equipment they managed. The hidden safety hazards of the property company to the existence of community facilities have not been eliminated in time, and they shall bear the liability for compensation.

Takai has become a "hurting person" trap. Similar tragedy has continued to occur. It is important to clarify responsibilities and determine the subject of compensation, but it should be considered how to prevent accidents. It is inevitable to strengthen the safety supervision of the well. At the same time, as a pedestrian, you should fulfill your attention obligations and enhance the awareness of risk. Only by preventing problems before, can the incidents that hurt people from hurting people occur again. (Henan Legal Daily Reporter Wang Xiaolei Correspondent Gao Fang Wang Panpan) ⑦

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