Property company sentenced to full responsibility after falling glass from high-rise building killed young child
The court found that the high drop glass is a common part of the owners, and the property company has not fulfilled its management and maintenance obligations
Our reporter Zhang Chong Our correspondent Cai Lei
The glass fell on the 15th floor and hit the mother and son passing by downstairs, causing the mother to be injured and the 3-year-old child died.
The parents of the children took the real estate developer and the property management company in the building to court.
A few days ago, the Intermediate People's Court of Shiyan City, Hubei Province made a final judgment: The building property company responsible for the incident shall be fully responsible.
On April 21, 2018, Shiyan citizen Zhu Moumou took his eldest son Zhou Moyu, second son Zhou Moru and his mother-in-law to go shopping.
When they passed down a tall building, a pile of glass shards falling from the sky hit Zhou Moru's head, and Zhu Moumou's arms and face were also injured by the glass shards.
The mother and son were then taken to the local hospital.
The next morning, Zhou Mouru, who was only 3 and a half years old, passed away due to ineffective rescue.
After the incident, Zhou's parents, Zhou and Zhu, took the real estate developers Shiyan Baomuda Real Estate Development Co., Ltd. and Shiyan Hongmou Property Management Co., Ltd. to court.
The People's Court of Maojian District, Shiyan City accepted this case according to law.
The plaintiff in this case believes that Shiyan Baomuda Real Estate Development Co., Ltd. is not only the owner of the incident building, but also the manager of the incident building with Shiyan Hongmou Property Management Co., Ltd., and the request should be managed by the incident building. People bear tort liability.
Shiyan Hongmou Property Management Co., Ltd. believes that the high falling glass belongs to the exclusive part of Fan XX, the owner of the 15th floor and Fan XX, the owner of the 14th floor, and applied to the Maojian District People's Court for two additional defendants.
Later, with the permission of the court, Fan and Fan were added as defendants to participate in the lawsuit.
On September 25, 2019, the People's Court of Maojian District made a first-instance judgment: Hongmou Property Company compensated Zhu Moumou and Zhou Mou for Zhou Moru's medical expenses, death compensation, funeral expenses and mental damages for a total of 784151.39 yuan ( Has actually paid 26,000 yuan), compensation for medical expenses, hospital food subsidies, lost work expenses, and transportation expenses totaling 32,479.85 yuan; dismissed Zhu Mo and Zhou’s litigation claims against Shiyan Bao Mouda Real Estate Development Co., Ltd.; Fan Mo, Fan is not liable for compensation in this case;
Shiyan Hongmou Property Management Co., Ltd. refused to accept it and appealed to the Intermediate People's Court of Shiyan City.
During the second instance, in order to find out who the user and manager of the glass that caused Zhu Moumou’s injury and Zhou Moru’s death were, the Shiyan Intermediate People’s Court confirmed that although the high falling glass was located on the 15th and 14th floors of the owner’s bedroom In addition, because it is a "fixed fan" that cannot be opened, its purpose and function have essentially replaced the functions of external wall separation, load, wind, sound insulation, heat insulation, heat preservation, fire prevention, and waterproofing, so it belongs to all owners. , Should belong to the management scope of Shiyan Hongmou Property Management Co., Ltd.
The court also found that when Shiyan Hongmou Property Management Co., Ltd. took over the management of the property, it should have known that the safety exterior walls of the building were all made of glass. The load of the glass was mainly borne by the sealant. The glass was fragile and the structural sealant was aging. The probability is relatively high.
The building where the high drop glass is located was completed in February 2009. It has been 9 years since the infringement involved (April 21, 2018). Shiyan Hongmou Property Management Co., Ltd. did not submit firm and sufficient evidence to confirm that it had glass The outer wall has formulated a scientific, effective and reasonable property management plan, and has fulfilled the obligations of strict management, regular inspection, maintenance and repair of the owner’s shared parts as stipulated in the property service contract and the law, and shall bear the liability for compensation.
A few days ago, the Intermediate People's Court of Shiyan City rejected the appeal and upheld the original judgment.