In December 2018, the developer delivered the community to the property management company for property management
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Wuzhou intermediate people’s Court pointed out that although the developer set up a protective fence on the first floor of the commercial floor and the overhead first and second floors, the protective fence is relatively simple
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Therefore, Feng Jun was responsible for his own damage Students also have faults, so they should bear the corresponding fault liability
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At the time of the accident, no warning signs were set up at the elevator entrance, and the light around the scene was very dark
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He accidentally fell into the unfinished area
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When Feng Jun finds something abnormal after opening the elevator door, in the face of unfamiliar environment, he should take the initiative to ask for help from his friends or the staff on duty of the property company
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In addition, the property management company has not set up any safety channel guidance and warning signs at the elevator exit on the first floor, which makes it impossible for people who enter the construction dangerous area to effectively identify the surrounding safety conditions
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Later, Feng Jun and others turned on the flashlight and walked up the stairs to the third floor
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According to common sense, the first floor is the exit floor
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In addition, Feng Jun drinks when dining at his friend’s house, and Feng Jun should be responsible for his own behavior
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There were no other obvious warning signs on the guardrails
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Feng Jun sued the court for a claim on the ground that the developer and the property company violated their security obligations
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But judging from the facts, the property company did not fulfill its obligations
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Feng Jun’s house is under construction and has not been delivered for use
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It is very important for the developer to enter the construction area at night Personnel, the developer of the construction area safety warning settings, obviously not enough to prevent the occurrence of safety accidents
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The developer and property company refused to accept the first instance judgment and appealed to Wuzhou intermediate people’s court
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During the trial, Feng Jun said that the elevator system of the community is a public place in the community
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The first floor commercial floor, the first and second floors of the building have not been completed
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After the elevator reached the first floor and opened, Feng Jun found that the exit was dark, so he planned to return to the elevator, but he didn’t respond to pressing the elevator button
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There is also a lack of guidance on safety signs for property companies
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There were about 1 meter high steel tube guardrails at the cement steps of the corridor
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Neither the developer nor the property management company set up any warning signs here and did not take any safety measures
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A few days ago, Wuzhou intermediate people’s court made a final judgment: rescinding the civil judgment of the court of first instance, changing the judgment that the developer should compensate Feng Jun for various economic losses, totaling more than 38000 yuan; the property company should compensate Feng Jun for various economic losses, totaling more than 62000 yuan.
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After investigation, the developer and the property company signed a property management entrustment contract on October 1, 2016, and agreed that the property company is responsible for the maintenance, maintenance and management of the common parts of the building, including the floor, staircase, corridor, etc
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The developer, the property company and Feng Jun had no objection to the total loss of more than 155000 yuan determined in the first instance judgment, which was confirmed by Wuzhou intermediate people’s court
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The developer argued that during Feng Jun’s accident, the developer had fully entrusted the property management company to carry out the prophase property management of the community, and the property management company was responsible for all the management responsibilities in the area
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On July 21, 2019, Feng Jun was invited by a friend to visit a friend’s home in Tengxian for the first time
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If the developer and the property company fail to fulfill their security obligations, they shall be jointly and severally liable
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According to the falling position of Feng Jun, when he reached the unfinished business floor in the dark, there was a steel tube guardrail around him
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In the case that there are great potential safety hazards in the uncompleted projects within the residential area, the property management company has a higher security obligation to the area, and should take corresponding restrictive measures or set up warning signs to the construction area in the residential area
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To sum up, it can be seen that the property company has great fault for the accident and should bear the main responsibility
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He directly steps over the guardrail and wants to go on
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As the property management party, the property management company has taken over the management of the residential area involved in the case
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After the diagnosis, Feng Jun body multiple fractures
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The property company believes that Feng Jun should be fully responsible for his own mistakes
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There are also 24-hour on duty emergency rescue telephone numbers and emergency telephone numbers in the elevator
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He has been hospitalized in many hospitals and spent more than 200000 yuan on medical expenses, of which 54000 yuan was paid by himself
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On the night of the accident, Feng Jun and others repeatedly took the elevator and kept looking for the right exit, which just reflected the lack of guidance and management measures for the safe exit of the property company
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After being tried by two courts of Wuzhou City, the dispute of violating the obligation of safety guarantee has finally settled
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When the accident happened at night, Feng Jun was looking for the exit in the environment of insufficient light
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He kept close to the edges of the first floor and the second floor, so it was difficult to detect the danger
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After hearing the case, Wuzhou intermediate people’s court held that the law stipulates that if the actor infringes upon the civil rights and interests of others due to his fault, he should bear the tort liability
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The guardrail is not equipped with a protective net, and there are no obvious warning signs on the guardrail, nor are there any night safety reflective signs
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He is stopped by the people next to him
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However, when Feng Jun arrived at the elevator corridor on the first floor for the second time, he was still close to the steel tube fence at the cement steps, which to a certain extent failed to protect himself
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It is composed of two horizontal steel pipes and an overhead guardrail in the middle
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The lighting from the elevator exit on the first floor of the building involved to the steel pipe guardrail against falling is insufficient, which increases the risk in the environment with insufficient light
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Considering the fault degree of all parties and the actual situation of the case, Wuzhou intermediate people’s court determined that the property company should bear 40% of the responsibility for the damage suffered by Feng Jun in the accident, Feng Jun himself should bear 35% of the responsibility, and the developer should bear 25% of the responsibility
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As for whether Feng Jun’s own fault, Wuzhou intermediate people’s Court pointed out that as a person with full capacity for civil conduct, Feng Jun should have the consciousness of protecting his own safety
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Feng Jun goes to the left side of the elevator exit and sees a guardrail placed in front of him
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Feng Jun sued Tengxian people’s court and asked the court to order the developer and the property company to jointly compensate more than 150000 yuan for various economic losses
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As a result, he fell from the first floor shown by the elevator to the second floor with a drop of about 7 meters and was injured
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When Feng Jun first arrived at the elevator corridor on the first floor, he knew that there was a protective fence, and when his colleagues had stopped him from crossing the fence, he should know that there was danger
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The property company’s elevator operation settings enable anyone to reach the first floor and enter the construction area through the household elevator, thus increasing the risk factors
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In the process of searching for the exit, Feng Jun accidentally fell down the second floor of the elevator corridor on the first floor, and was found by his friends and immediately sent to the hospital for treatment
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At this time, the elevator door on the third floor had been opened, and Feng Jun took the elevator to the first floor by himself
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After he got out of the elevator, he was unable to return to the elevator
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There are obvious hidden dangers in the operation settings of the elevator by the property company
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After trial, Tengxian court made a first instance judgment: the developer and the property company should jointly and severally compensate Feng Jun for economic losses, totaling more than 100000 yuan
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The court held that in the case that the first floor is the normal exit floor and the actual normal exit of the building involved is the negative first floor, the property company did not give corresponding guidance in the elevator, especially the exit floor guidance, which would make it very easy for ordinary people, especially non residents who are not familiar with the environment of the community, to reach the non exit floor on the first floor through the elevator and enter the construction dangerous area
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The developer also has the fault to the accident, should bear the corresponding fault responsibility
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Feng Jun fell and was injured after climbing over the guardrail
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At about 20 o’clock that day, Feng Jun, who had drunk, left his friend’s home and took the elevator with others to the first floor
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Moreover, Feng Jun was unable to return from the original road after he came out of the elevator on the first floor that night, so he had to look for another exit and mistakenly entered the dangerous construction area
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Feng Jun (a pseudonym) went to a friend’s home for dinner and took the elevator to find the exit
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