The property and the water supply company shall bear part of the compensation responsibility for the loss of the cellar cover in the community

2023-02-02

The manhole cover originally refers to the manhole cover of the water wells on the urban public roads. With the progress of science and technology and the development of urban construction, underground facilities such as water, electricity, gas and heat need to be equipped with manhole covers. The manhole covers in the streets and alleys are related to the "safety under the feet" of the people. Although the manhole covers are small, people's livelihood is important. When residents walk in the community, they accidentally step into the inspection well mouth that is not strictly closed, resulting in injury. The main liability for compensation should be borne by the residents themselves, or should the inspection well construction party and the user bear? Recently, the People's Court of Peixian County, Jiangsu Province, heard a case of injury caused by missing cellar covers in the community. You live in a community in Peixian County. One night, when Yu went downstairs to throw garbage, he accidentally stepped into the inspection well covered with wooden boards, resulting in his ankle injury and fracture, which cost nearly 10000 yuan in medical expenses. After spending a lot of money, Yu Mou became more and more angry. He believed that the inspection well was located in the community, and the property company of the community should be responsible for management. The missing inspection well cover should be set with obvious warning signs, instead of being covered with wood. The user of the inspection well was a water supply company in Peixian County. The inspection well cover was lost, and a water supply company in Peixian County should make up the missing cover in time. Therefore, Yu sued and asked the two companies to pay for medical expenses, nutrition expenses, nursing expenses and work delay expenses, totaling more than 30000 yuan. After hearing, the Peixian County Court held that at the time of the incident, the cover of the inspection well in question fell into the inspection well, and the thin plank could not bear the pressure of heavy objects, and pedestrians were easily injured by stepping into the inspection well. According to the site photos, there are a lot of garbage in the inspection well, so it can be determined that the inspection well cover is missing for a long time. The property company of the defendant's community has the obligation of daily management and safety risk investigation. For the lack of manhole covers in the community, the property company has neither timely replaced them, nor reported to the water supply department, nor set up safety warning signs. The property company has failed to fulfill its security obligations, so it should be liable for certain losses. The defendant, a water supply company, is the user of the inspection well involved in the case, should regularly check the facilities it manages and uses, and have the obligation to make up the missing inspection well cover in time to eliminate potential safety hazards. The occurrence of this accident has a causal relationship with the improper management of the water supply company, so the water supply company should also be liable for the injury of Yu. According to the plaintiff's statement, it can be seen that the plaintiff knew that the inspection well cover was missing, and the inspection well involved was not the only way for the plaintiff to go up and down the stairs. The plaintiff knew that the hazard source existed and still actively stepped on the wooden cover plate of the inspection well involved, did not perform the duty of safety care for itself, and also had some fault for the occurrence of damage. Therefore, based on the fault degree of all parties, the court finally decided that the property company should bear 50% of the compensation liability and the water supply company should bear 30% of the compensation liability. (Xinhua News Agency)

Edit:Hou Wenzhe    Responsible editor:WeiZe

Source:chinacourt.org

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