A piece of cement that fell off the outer wall of a residential area in Zhuzhou hit the back of the head of a 6-year-old child downstairs, and the property management paid 370,000 yuan in compensation
2024-08-18
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Recently, the Hunan High Court released a case: Xiao Luo, who was only 6 years old, was playing in the open space downstairs in a residential area when he was hit on the back of his head by a cement block that fell off the outer wall, causing brain injury. Xiao Luo was hospitalized 4 times for a total of 32 days and underwent skull fracture reduction surgery, spending 116,100 yuan on medical expenses.
According to the appraisal, Xiao Luo's acute and severe open craniocerebral injury has constituted a level 10 disability. He needs to rest for 210 days, take care of himself for 120 days, and receive nutrition for 120 days. Mild traumatic epilepsy has constituted a level 9 disability. After the accident, Xiao Luo's parents negotiated with the property management company for compensation many times, but they could not reach an agreement, so they took the case to court. It was also found that after the police compared the fragments and the landing point at the scene, they initially ruled out that someone else threw objects from a high altitude, and the high-rise exterior wall stickers of the building fell off naturally.
After trial, the Tianyuan District People's Court of Zhuzhou City held that, according to Article 1,253 of the Civil Code: "If buildings, structures or other facilities and their stored or suspended objects fall off or fall down and cause damage to others, the owner, manager or user shall bear tort liability if he or she cannot prove that he or she has no fault. After the owner, manager or user pays compensation, if there are other responsible persons, he or she shall have the right to claim compensation from the other responsible persons." This case is a dispute over liability for damage caused by objects falling off or falling, and the principle of presumed fault liability shall apply, which is a case of reversal of the burden of proof.
In this case, the defendant property company only submitted evidence such as the alarm receipt and work contact letter, which is not enough to prove that it had taken effective safety protection measures before the incident. Moreover, the exterior wall layer of the community buildings has passed the quality warranty period. The property company was aware of the exterior wall peeling of many buildings in the community before entering the community. The exterior wall is the public part of the community. The property company should have the obligation to repair and manage the public part of the community, but the property company did not provide evidence such as exterior wall repair records and construction records to prove that it had carried out effective repairs, maintenance or maintenance. In addition, the evidence submitted by the property company cannot fully prove that it has fully reminded and informed Xiao Luo and his family of the major safety hazards and effectively controlled the dangerous areas. Xiao Luo's playing downstairs in the community does not constitute a legal fault. Therefore, the property company should compensate the plaintiff for all losses caused by the injury in this case.
In summary, the court ruled that a property company should compensate Xiao Luo for medical expenses, nursing expenses, disability compensation, mental damages and other losses caused by his injury, totaling 378,000 yuan.
The judge said: In recent years, as high-rise residential areas have gradually aged, some exterior walls have fallen into disrepair and are falling off, hitting people and cars. There are more and more accidents, which pose a direct threat to the "safety above the heads" of ordinary people. If high-altitude facilities fall off or fall and cause personal or property damage to others, the people's court shall determine the method and subject of liability in accordance with Article 1,253 of the Civil Code. The victim only needs to prove that the damage he suffered was caused by the fall or fall of high-altitude facilities, and the initial burden of proof has been fulfilled. The owner, manager or user shall bear the burden of proof that he is not at fault, otherwise he shall bear the tort liability.
The judge reminded: The community property company should have the obligation to maintain and manage the public areas of the community. When discovering the outer wall falling off, it should immediately give corresponding reminders and notifications, and carry out repairs and maintenance in a timely manner. When parents take their children to play outdoors, they should also fulfill their guardianship obligations, carefully observe the surrounding environment, and stay away from hidden dangers.
Comprehensive "Hunan High Court"
Source: Xiaoxiang Morning News
