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fitness center swimming pool ceiling

sudden collapse

injured citizens who were swimming

who should bear the liability for compensation?

on august 27, the shanghai no. 1 intermediate people's court (hereinafter referred to as the shanghai no. 1 intermediate court) went to the guangfulin circuit trial site in songjiang to hear a health rights dispute case. the ceiling of a fitness institution's swimming pool suddenly collapsed, injuring citizens who were swimming.the court ruled that the fitness center, property company, and developer should jointly compensate the injured citizens more than 100,000 yuan.

swimming pool ceiling collapses, citizens suffer fractures

one summer night, mr. li came to the indoor swimming pool of quyou fitness center to swim and exercise. after warming up, mr. li swam back and forth in the water several times.at this time, several large cracks appeared in the ceiling above the swimming pool. just as mr. li swam to the center of the pool, screams suddenly rang out around him. he was unable to dodge and was hit by the falling heavy ceiling, and the swimming pool fell into chaos.the staff on the scene immediately called the emergency number and sent mr. li to the hospital for treatment.after diagnosis, mr. li was found to have a comminuted fracture of his left scapula. he was hospitalized for a week for treatment and subsequently returned to the hospital for follow-up treatment many times. during the treatment period, a total of more than 60,000 yuan in medical expenses was incurred.

after the swimming pool ceiling collapsed. photo provided by shanghai no. 1 intermediate people's court

after being discharged from the hospital, mr. li filed a lawsuit in court, demanding that the fitness institution, property company, and developer jointly compensate him for his medical expenses, loss of work time, etc., totaling more than 120,000 yuan.

the three parties jointly compensated more than 100,000 yuan

the first instance court held that the ceiling of the fitness center suddenly fell off and injured mr. li.the fitness center, property management company and developer could not prove that they were not at fault and should bear the tort liability. the court ruled that the fitness center, property management company and developer should pay mr. li a total of more than 100,000 yuan in compensation.

the property management company believed that it did not operate the site on a daily basis, but was only entrusted by the developer to rent it out, and therefore had no management obligations and should not be liable for compensation. the property management company was dissatisfied with the verdict and appealed to the shanghai no. 1 intermediate people's court.

taking into account that both parties are in songjiang district, in order to create a conflict and dispute resolution platform that is convenient for the people, the shanghai no. 1 intermediate people's court held a hearing on the case at the guangfulin circuit trial point in songjiang.

after trial, the shanghai no. 1 intermediate people's court held that, according to the contract for contracting and management signed between the property company and the fitness institution, and the entrusted lease contract signed with the developer, both stated that the property company had the obligation to manage and maintain the facilities, equipment and decoration of the premises involved, but the property company had no evidence to prove that it had fulfilled its management and maintenance responsibilities.according to article 1,253 of the civil code, if a building, structure or other facility and any objects stored or suspended thereon fall off or fall down and cause damage to others, if the owner, manager or user cannot prove that he or she has no fault, he or she shall bear tort liability.

therefore, the shanghai no. 1 intermediate people's court rejected the property company's appeal and upheld the original judgment.

(all names of people and companies mentioned in this article are pseudonyms)