A 13-year-old teenager in Shucheng fell to his death on the top floor of the residential property and was sued in court

Xin'an Evening News Anhui Network Dawan News In the summer of 2021, a tragedy occurred in a community in Shucheng County, and 13-year-old Xiaole (pseudonym) fell from the top floor and died. Xiao Le's parents believe that it was the wooden ladder placed randomly on the top floor of the incident that caused Xiao Le to be able to climb up to the top floor and fall to his death, which was the property's negligence in exercising its management function and failed to remove the dangerous object in time, which led to the tragedy, so he sued the community property in court and claimed more than 900,000 yuan. A few days ago, the Shucheng County People's Court published the first-instance judgment of the case, ruling that the defendant community property company should bear 10% of the compensation liability and bear the plaintiff's mental damage consolation payment of 15,000 yuan, a total of 99,146 yuan.

The 13-year-old died tragically

The reporter saw from the public judgment that Shucheng teenager Xiaole was born in 2008, in order to take care of Xiaole's schooling, Xiaole's parents rented a garage in a community in Shucheng County, the father worked outside the home for many years, usually by the mother with her son to live and live, while the mother worked in an individual industrial and commercial household.

In July 2021, Xiaole graduated from elementary school, and at about 7:40 a.m. on August 1, her mother left the rental office to work, and Xiaole was at home alone to read her homework. In order to take her son to get the new crown vaccine, Xiaole's mother deliberately went home early and called her son before leaving the store to inform her son, but did not get through.

Xiaole's mother arrived home at around 10:10 a.m., and when she got home, she found her son sitting at his desk, his mobile phone tucked under a book. Xiaole's mother picked up the mobile phone to check, found that the previously deleted game was in the mobile phone again, and found that the mobile phone was very hot, and then said to her son: "Why are you playing with the mobile phone again?" At that time, Xiao Le did not say anything.

XiaoLe's mother asked her son to change his shoes and take him out to get a vaccine, after which Xiaole went out first. Xiaole's mother uninstalled the game in her son's mobile phone at home at that time, and also went out about a minute later, but after going out, Xiaole's mother did not see her son, and then looked for it in the community and at the gate, but did not find it, thinking that her son might play for a while and come back.

Subsequently, Xiaole's mother went to the nearby vegetable market to buy vegetables and fruits, about 10:30, Xiaole's mother went home to cook vegetables, and after seeing that her son did not return, she went out to look for it again, and did not find it, thinking that after the conflict with her son in May, her son had run to the top staircase of the 21st building in the community (that is, the sixth floor) to play and was found. Xiao Le's mother went to the floor to look for it, but it was unsuccessful, and then she thought that her son had told her that she had climbed to the top of the 2nd building with another child to play, and also climbed the wall through the wooden ladder placed on the top of the building to look down very scary.

Xiao Le's mother immediately went to the 2nd building to take the elevator to the 13th floor, and then went down the stairs through the top floor door (unlocked) to the top floor, saw a wooden ladder on the east wall of the top floor, climbed up the wooden ladder and looked down, and found that her son was lying on the second floor platform, with blood next to it.

Xiao Le's mother immediately realized that it was not good, so she called Xiao Le's father to inform the situation, and ran downstairs, to the neighbor of the rental house (also the patrol security guard of the community) cried about the situation, asked to take him to the second floor platform of the incident, and then the security guard took Xiao Le's mother to the platform through a family on the east side of the second floor of the 2nd building, saw Xiao Le's face on the ground, motionless, the security guard checked whether the child had a sniffle, found that there was no breath, that is, told Xiao Le mother "The child is not OK." ”

Xiaole's mother fainted after listening, and the security guard immediately gave xiaole's mother first aid, and after Xiaole's mother woke up, she dialed 120 ambulance and 110 to call the police. 120 ambulance doctors examined the scene and confirmed that Xiaole was dead.

Court Awards Property 10% Liability

Xiaole's parents believe that Xiaole fell because wooden ladders were randomly placed on the roofs of 2 buildings in the community, causing young children to climb the wooden ladder and fall from the roof and die. The wooden ladder was arbitrarily placed in a place where there was a safety hazard, but the property company neglected to perform management functions and failed to remove the dangerous object in time, which led to this tragedy. The residential property had an unshirkable fault and responsibility for the occurrence of this unfortunate incident, so it sued the property in court and claimed a total of 921,466.5 yuan for various losses.

The court held that citizens' right to life and health should be protected in accordance with the law. Xiao Le fell from the roof of the defendant property management community where the injury was, and whether the property company was at fault and whether it was liable for compensation was the focus of the dispute in this case.

The hospital believes that although Xiaole is a minor, but has reached the age of twelve, and has graduated from primary school, he is a person with limited ability to act, has a certain ability to distinguish, after a small quarrel with his mother, without greeting his mother, he left home alone, ran to the roof of the 2 buildings opposite his home, and whether through the elevator or through the safe passage (the building has a total of 13 floors) to the roof, he will find the warning of going to the roof, and should know the danger of going to the top of the building alone, and Xiaole also has the experience of feeling very afraid of going up to the roof wall The four sides of the roof of the building are built with a retaining wall of nearly 1.5 meters (the wall is embedded with lightning protection iron wire), and it should climb on the east wall (it may also be climbed by a wooden ladder, there is no evidence to prove how to climb the wall), thus falling to the second floor platform casualties, and his own improper behavior of climbing the roof and climbing the wall is the direct and main cause of his casualties; his parents, as guardians, did not take timely countermeasures (including warnings, education, etc.) when the child informed him that he had climbed the top of the building to a dangerous place, and there was also a lack of guardianship. Therefore, Xiao Le's death from falling from a building is the direct and main cause of his own faulty behavior.

At the same time, the defendant community property company is the property operator of the incident community and has the responsibility of managing its incident floor; the defendant has a warning for prohibiting the elderly and children from going to the roof of the building, and is also equipped with security patrols, but these measures have not prevented the victim Xiaole from going to the roof and climbing the wall and falling to the tragedy of casualties; therefore, the defendant community property company should have a lack of security obligations for the property management of the incident floor, and its fault is only an indirect factor for the damage caused by the plaintiff's death or injury caused by his son Xiaole.

Based on the fault of all parties in this case, the Suishucheng County People's Court found that the defendant community property company bore 10% of the compensation liability and the plaintiff's mental damage consolation payment of 15,000 yuan, and in summary, ordered the community property company involved to compensate Xiaole's parents for 99,146 yuan of various losses.

Xin'an Evening News Anhui Net Dawan News reporter Zhu Qingling

Edited by Wang Cui