Bricks tripped outside the door of the community improperly maintained property is responsible
□ Reporter Wang Chun, correspondent of the newspaper Yang Yanyan
Xiaoqiu is the owner of a community in Huzhou, Zhejiang. One morning, when he was driving an electric bicycle to the entrance of the community, he was caught by a loose floor tile and fell and was injured. After the accident, Xiaoqiu was sent to the hospital for treatment, and then Xiaoqiu called the police.
The traffic police detachment issued a road traffic accident certification, stating: According to the parties, Xiaoqiu ’s electric bicycle was stuck in the A district by the loose floor tiles and caused him to fall to the ground, causing him to be injured in a traffic accident. Xiaoqiu was hospitalized for more than ten days before and after the injury.
After appraisal, Xiaoqiu constituted the tenth level of disability in "Classification of the degree of disability of human injury". After Xiaoqiu negotiated with the property company for compensation, the property company was brought to court on the grounds of disputes over the property contract.
The property company argued that the accident occurred outside the gate of the community and was not within the scope of the property service contract. Based on the property service contract, there was no fault. The property company was unable to foresee Xiaoguo ’s so great damage when charging a low property fee. Xiaoqiu ’s request exceeded the property company ’s reasonable foresee.
After review, the Wuxing Court held that Article 4 of the "Preliminary Property Service Contract" clearly stipulates that the property services provided by the property company include the maintenance and management of the public greening (including 16 acres of green space and the first 20 meters of green space in the commercial square) shared by the owners. After field measurement, the accident occurred about 18 meters in front of the commercial plaza, which should be within the scope of the property service agreed in the property service contract. Moreover, the road traffic accident certification stated that although the actual location of the accident was at the door of the community, it was also within the scope of the community from the perspective of the continuity of floor tile laying. Therefore, according to the high probabilistic proof standard of civil litigation evidence, it was determined that the accident occurred in the case was within the scope of the property service contract involved in the case. It can also be seen from the scene photos submitted by Xiaoqiu at the time of the accident that the ground is uneven and there are bricks lifting, and the property company failed to submit valid evidence to prove that it has fulfilled the maintenance and management obligations stipulated in the contract. , And did not submit evidence to prove that it had set a warning sign at the accident site at the time of the accident, so the court found that there was a breach of contract and should bear the corresponding liability for compensation.
In this case, the failure of the property company to perform its contractual obligations was the main cause of Xiaoqiu ’s fall and injury, but Xiaoqiu, as a person with full civil capacity, also failed to fulfill his reasonable duty of care, combined with the cause and occurrence of this accident After comprehensive consideration, it was determined that the scope of the property company ’s liability for compensation was 60% of the losses caused by Xiaoqiu ’s injury caused by this accident.
In the end, the court ruled that the property company should compensate Xiaoqiu ’s medical expenses, hospitalization meal subsidies, nutritional expenses, nursing fees, lost work fees, disability compensation, appraisal fees, and transportation costs for a total of more than 90,000 yuan. After the judgment came into effect, the property company paid Xiaoqiu all compensation costs.
The judge later said that the property service enterprise should provide corresponding services in accordance with the provisions of the property service contract, including the maintenance, maintenance and management of the common parts of the property and other areas stipulated in the property service contract. If the property service enterprise fails to fulfill the provisions of the property service contract, resulting in damage to the owner ’s personal and property safety, it shall bear corresponding legal responsibilities according to law. According to the law, the scope of the property service enterprise ’s liability for compensation should be equivalent to the loss caused by the breach of contract, and it should be specifically determined based on the size of the causal relationship between its breach of contract and the result of damage.