laitimes

When visiting a neighbor's new house, a 2-year-old child fell from a building, and the result of the second trial: the landlord is also responsible

author:Globe.com

Source: Xin'an Evening News

When Yang Mou's new house was renovated, he published an advertisement for the decoration company in the community owner group and invited neighbors to visit. When The owner of the same community, Xu Mou, and his wife took their 2-year-old son XiaoXiao (pseudonym) to visit, the son accidentally fell and caused a brain injury and fell disabled. On October 25, The Paper learned from the Lin'an District Court in Hangzhou that the court ruled in the first instance that Yang should bear 10% of the compensation liability, the property company should bear 5% of the compensation liability, and Xu and his wife should bear the rest of the losses themselves. Mr. and Mrs. Xu appealed against the judgment, and the Hangzhou Intermediate People's Court recently upheld the original judgment.

Yang mou is the owner of a community in Lin'an, and is also a shareholder of a decoration company, and when his new house is renovated, he advertises in the owner group, invites neighbors to visit, and says that the key is placed at the door, and no one can enter by himself. Mr. and Mrs. Xu did not inform Yang that they took their 2-year-old son Xiaoxiao to Yang's house on the ninth floor, during which Xiaoxiao fell from the floor-to-ceiling window that had not yet installed glass.

When visiting a neighbor's new house, a 2-year-old child fell from a building, and the result of the second trial: the landlord is also responsible

Xu and his wife spent more than half a year on medical expenses of 200,000 yuan, and their son was finally disabled due to head injury, so he sued his neighbor Yang, the decoration company, the property company, etc., believing that Yang published advertisements for the decoration company, and should bear the safety and security obligations together with the decoration company, and the property company did not fulfill the supervision obligation of Yang mou for demolishing the external wall and installing floor-to-ceiling windows, and there was a fault. Yang Mou, the decoration company and the property company were required to jointly compensate for medical expenses, disability compensation and other losses totaling more than 500,000 yuan.

Yang and the decoration company admitted that the decoration construction was organized by Yang himself. Yang mou believes that Xu and his wife went to visit without being informed, and the child's injury has nothing to do with themselves and should not be held responsible. The property company believes that it does not undertake the on-site construction supervision and safety management obligations, And Yang's removal of the external wall partition window does not violate the provisions of the decoration management agreement, and the accident occurred because there is no protective measure.

The court held that Yang should bear the corresponding obligations to ensure a safe visiting environment, and Yang should bear part of the responsibility for not taking safety tips and protective measures in time when transforming the bathroom window. The property company should bear part of the responsibility for its failure to stop and track the management of its demolition of the external wall in time. Mr. and Mrs. Xu brought the 2-year-old child into the construction site, and then let the child get out of their own effective control, there is a major fault, and they should bear the main responsibility.

Decoration site, don't take the kids!

Regardless of the division of responsibilities

The child's life is irretrievable

Learn from it!!

Read on