The old man went to the top of the building to repair the pipe and died. His family sued the developer and the property

 The old man went to the top of the building to repair the pipe and died. His family sued the developer and the property

u25b3 in the photo of the attic where the accident happened, you can see the picture provided by the simple wooden ladder messenger

In order to confirm the facts of the case, Zeng Jixiong, a judge in charge of the peoples Court of Dantu District, Zhenjiang City, visited the place where the incident happened and found that Shens daughter lived on the top floor of the house. The top floor is divided into two floors: the attic and the main room. The attic is not completely closed, and there is a portal to the roof. There is no fixed staircase from the living room of the main room to the attic, only a simple wooden ladder is used to pass through. On the afternoon of August 18, 2018, Shen accidentally fell to the living room floor of the main room when he came down from the attic, and died after invalid rescue.

After on-the-spot understanding of the situation and returning to the office, judge Zeng examined the 2018 residential reception register submitted by the property company in detail, and found that the problems reflected by the owners of the residential quarter mainly focused on the problems of water blocking, water leakage, light not on, etc., among which, Shen also reflected water pipe blocking. Combined with the rain before the incident and the testimony of witnesses, it can be confirmed that before applying for something, it is to clean, dredge and repair the sewer pipe on the roof.

The two defendants denied whether shenmou was a volunteer. Although shenmous family members claimed that shenmou went to the roof to clean up and repair the water leakage as required by the defendant, they failed to submit relevant evidence. The court held that the purpose of shenmous maintenance of the sewer is to prevent the rainwater from overflowing after the poor drainage in rainy days, so as to damage their own interests and the interests of other owners of the building, rather than to safeguard the interests of the two defendants, who are not the beneficiaries of shenmous so-called helper behavior, so they do not form a helper relationship.

The Court pointed out that for the compensation liability, shenmou went to dredge the water pipeline, and the work content itself could not prove that the housing built by the developer had quality problems. Even if there is a quality problem, it should be reported to the development company for repair or the property should inform the developer of the repair. Therefore, for the consequences of death caused by Shens self maintenance, the developer has no fault, and there is no legal causal relationship with whether the house has quality problems.

At the same time, the court held that the property owner had the responsibility to deal with the problem in time when the owner reported it and eliminate the existing security risks. After shenmou reflected the problem of the blockage of the downpipe, the property only registered and did not take measures such as maintenance, which led to the blockage problem. Its negative omission in property management was the inducement factor, indirect factor and secondary factor leading to shenmous death. However, Shen didnt notice the serious hidden danger brought by the simple wooden ladder when he went downstairs, and didnt take effective measures to avoid the accident. The main fault is the direct and main cause of the accident.

Finally, the court decided that the property company should bear 5% of the compensation responsibility, and Shen should bear 95% of the responsibility. The developer has no fault and does not bear the responsibility.

After the appeal of the case, the second instance upheld the original judgment.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});}) (); source of this paper: modern express author: Lin Qingzhi, editor in charge: huachengyu