Case
Last June, Li Xiaomou, an 8-year-old child in Bole City, went to a building in the city to play under the guidance of his family. Meanwhile, while the parents were not paying attention, Li Xiaomou curiously touched the electricity meter box on the second floor staircase that was not closed, causing electric shock injury. After being hospitalized, the child was amputated due to third degree burns on four fingers of his right hand. In October this year, Li Xiaomou's father sued a real estate company, a property company and an electric power company to the court of second instance again because he was not satisfied with the results of the first instance, requiring the above units to jointly bear the child's various losses and expenses of more than 1.2 million yuan.
Article
According to Article 942 of the Civil Code of the People's Republic of China, the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. The property service provider shall take reasonable measures to stop, report to the relevant administrative departments and assist in handling the violations of laws and regulations related to public security, environmental protection, fire control, etc. in the property service area.
Article 1179 stipulates that anyone who infringes upon another person and causes personal damage shall compensate for the reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital board subsidies, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
The picture shows Sha Renna (second from the right) and her colleagues discussing the case. Picture Provided by Sha Renna
【 Interpretation]
"The state protects the healthy growth of minors." Sha Renna, a judge of the Civil Trial Division of the Intermediate People's Court of Bortala Mongol Autonomous Prefecture, introduced that Li Xiaomou, an 8-year-old person with limited capacity for civil conduct, whose guardian did not fulfill his due guardianship obligations, should bear the corresponding responsibility. According to the facts, Li Xiaomou is determined to bear 30% of the fault liability.
"A property company, as the owner of the meter box involved in the case, failed to fulfill its obligations and decided to assume 30% of the responsibility." Sha Renna introduced that a property company provided property services for a building, and the meter box involved in the case had obvious security risks, so it decided to assume 30% of the responsibility. Electric power facilities and equipment are highly dangerous. As the operator of electric power commodities, an electric power company has the obligation to remind and manage electric power facilities and equipment according to law, and may assume 10% of the responsibility. A total of 980000 yuan was compensated to Li Xiaomou.
Sha Renna pointed out that there are meter box areas in residential buildings and buildings, and generally no one opens the meter box, but children's curiosity cannot be avoided. In daily life, the guardian must guide the children correctly, and the property company and the owner also have the duty of care. She appealed to the general public to close the open meter box in the building where they live, and inform the property in time of any potential safety hazard to avoid tragedy.
(organized by Yang Shuhan, reporter of Tianshan.com Xinjiang Daily)
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