At about 15:00 on the afternoon of September 6, 2020, in the small square of a community in Benxi Development Zone, He and his little brother sat on a public rocking chair to chat, Qin pushed the rocking chair behind the rocking chair, He was afraid to let Qin stop shaking, but Qin did not stop, He did not have time to jump, the rocking chair suddenly fell off, smashing his arm.
On the same day, He was sent to the First People's Hospital of Benxi City for treatment, diagnosed as a right humeral surgical neck fracture, the doctor suggested to go to a higher hospital for treatment, Qin's mother sent He to Shenyang Shengjing Hospital by car for treatment, and took orthopedic posterior instrument fixation treatment.
During the treatment, He spent a total of about 8,000 yuan on the recovery of physical treatment and family care.
Afterwards, He sued Qin and others and the property company of the community to the court.
The court of first instance held that article 1253 of the Civil Code of the People's Republic of China stipulates: "If a building structure or other facility and its shelving, the suspension falls off or falls, causing damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability". Article 2 of the Property Management Regulations stipulates: "Property management is an activity in which the owner selects a property service enterprise, and the owner and the property service enterprise repair, maintain and manage the house, supporting facilities and equipment and related sites in accordance with the property service contract, and maintain the environmental health and related order in the property management area". In this case, the rocking chair top fixed joint rusted and aged, the property company neither repaired nor made any warnings, still allowed to use, did not fulfill the obligation of regular inspection and maintenance of the supporting facilities in the community, and did not eliminate the hidden dangers in time for potentially endangering others, resulting in the serious consequences of He's injury, so the property company should bear the main responsibility. Qin's behavior is the inducement that caused He to be injured, and he should bear the corresponding responsibility. He's parents have the obligation to raise, educate and protect their minor children, and they themselves have certain faults because they have not effectively cared for He and caused them to be harmed.
In accordance with the provisions of relevant laws, the court ruled in the first instance that the property company compensated He X for medical expenses, expenditure fees, nursing expenses and transportation expenses of 5420.4 yuan; Qin X and Zhao X compensated He X for 2710.2 yuan; and He X was responsible for 903.4 yuan.
After the first instance, the defendant appealed to the court against the verdict.
During the second-instance trial, the parties submitted evidence around the appeal request in accordance with the law. The facts ascertained by the court of second instance are basically consistent with the facts ascertained in the first instance.
The court of second instance held that the appellant claimed that Qin did not shake the chair when He was injured, and the appellant held in the defense of the court of first instance that "there is no causal relationship between the plaintiff (He) and the respondent (Qin) pushing the plaintiff to swing the swing", the appellant's statement on this fact was inconsistent, and did not provide superior evidence to further prove the facts of his claim, combined with the existing evidence and factual experience in this case, it can be confirmed that the fact that Qin shook the chair when He was injured is established. Therefore, this Court does not accept this appeal opinion.
After the judgment of the court of second instance, the appeal was rejected and the original judgment was upheld.
(Huashang Daily reporter Zhao Zengyu editor Lu Wei)
