The owner buys a slide for the community at his own expense, how to sue for a fall and a passerby

  □ Our reporter Rosasha

  He kindly purchased children's slides for the community, so that children could have more places to play, but Zhang never thought that he would be sued in court for this.

  Zhang is the owner of a community in Jiangyin City, Jiangsu Province, and has a two-year-old baby.

Due to the lack of amusement facilities in the community and the lack of amusement items for the children, Zhang contacted the people of the community property company and proposed to add a set of children's slides for the community at his own expense, so that the children of the community owners can play for free and enrich the entertainment life of the children in the community. .

  The staff of the property company agreed to Zhang's proposal that day, and promised to make a good place for the children's slide.

Not long after, Zhang bought a set of children's slides (including foot pads) from the Internet and placed them in the public area of ​​the lobby on the first floor of the community building.

Since then, children in the community often go to the slide to play, and the property company is responsible for the sanitation of the slide area and the regularity of the slide.

  In November 2020, Liu accidentally stepped on the foot pads provided with the slide when passing through the hall on the first floor of the community. Due to the water stains under the foot pads, Liu was unstable and fell backwards.

After the fall, Liu was sent to the hospital for treatment and was diagnosed with a vertebral fracture. After judicial appraisal, Liu constituted a tenth-degree disability.

  Liu believes that it was because the property company did not set up a warning sign for the ground slip and did not clean up the accumulated water, which caused her to fall. Zhang was also at fault in purchasing and placing the slide, so he sued the Jiangyin City People's Court and asked the property company and Zhang to jointly Compensation for various losses of nearly 200,000 yuan.

  During the trial, the property management company believed that although the slide was placed with the consent of the company, Zhang should set up a warning sign, and Zhang was at fault.

Zhang believes that she bought the slide out of good intentions for the children in the whole building to have fun. There is no profit purpose, and she should not be responsible for it.

  After hearing, the Jiangyin Court held that, after obtaining the consent of the property company, Zhang placed the slide amusement facilities purchased at his own expense in the area agreed by the property company for free use by all community owners, and the daily maintenance, management and safety precautions of the corresponding amusement facilities. Such obligations shall be borne by the property company in accordance with the law.

The property company did not set any warning signs and reminders for the danger of slippery and slippery ground in the lobby on the first floor of the residential building, and the risk of sliding after the floor mat involved in the case was stepped on. The main reason for the accident in this case should be the main compensation liability for Liu's losses in the accident in this case.

  At the same time, Liu, as an adult citizen, should try to predict and avoid possible risks as much as possible, but he failed to check the road conditions in time and found that there was a floor mat at the passing location. This negligence was also part of the reason for his fall. There is a certain fault in the occurrence of the damage, so the property company's liability for compensation can be appropriately reduced in accordance with the law.

  In addition, as the owner of the community, Zhang purchased the amusement facilities involved in the case at his own expense and there was no fault.

When Zhang purchased the relevant facilities, it was for the good purpose of improving the living environment of the community and making it easier for children in the community to play happily. He had no subjective intention or negligence for the occurrence of the accident in this case.

Moreover, Zhang's kindness and good deeds buying amusement facilities at his own expense to facilitate children's play in the community and obtaining the property's consent in advance for management are the positive social energy that deserves to be promoted, praised and protected. should be judged negatively.

  Accordingly, the court ruled that the property company should bear the main compensation liability for Liu's losses and compensate Zhang for more than 120,000 yuan.

At the same time, Liu's claim for compensation against Zhang was rejected.

After the verdict, both parties accepted the verdict, and the verdict has now come into effect.

  The law should "support" the positive energy of society

  The judge said after the court session that Article 1165 of the Civil Code stipulates that if the perpetrator infringes upon the civil rights and interests of others by fault and causes damage, he shall bear tort liability.

Therefore, in the judicial practice of our country, the principle of attribution of fault is mainly adopted for the standard of whether to bear the tort liability, that is, the perpetrator needs to bear the tort liability only when he is at fault, otherwise he should not bear the liability.

  In this case, there is little dispute between the two parties on whether the property company should be held responsible, because the fault of the property company's failure to provide property services sufficiently and effectively is relatively obvious, but it is more controversial whether Zhang, who purchased the amusement facilities involved in the case, should be at fault. Each holds its own words.

As stated in the judgment, Zhang's kind deeds of buying amusement facilities for the community at his own expense should not be judged as fault by the judicial system and should not be judged negatively.

On the contrary, the judgment in this case "corrects the name" of Zhang's good deeds, and also "clears" Zhang's innocence.

  Being kind to others and neighbors is my country's fine traditional culture, and friendliness is also one of the core values ​​of my country's socialism.

In an era of increasing unfamiliarity among neighbors in urban neighborhoods, in this case, Zhang purchased amusement facilities at his own expense in order to allow children in the community to have a playground, and his behavior of obtaining the property's consent in advance for management is worthy of promotion, praise and protection. The positive energy of society.

  In judicial practice, the people's courts are obliged to cultivate, guide, and promote correct value orientation by correctly applying the law and making fair and just judgments, and "support" the positive energy of the society.

On the issue of whether to take responsibility, the court did not expand the scope of the compensation subject because someone was injured. The views and positions of the judicial organs have established a clear value orientation.