The aunt went downstairs to get something, and the four-year-old niece fell from the tenth floor. Before she could enjoy the world, she was permanently left at the age of four.
If the court finds the parties liable, who should bear that responsibility?
On this day, Ran Ran's parents went out to work, because her aunt was at home, and her parents felt that there was no need to worry about her. The two of them told each other a few more words, and then they went their separate ways.
At dinner, the little girl's aunt felt that it was rare to have a chance to meet her niece, so she ordered a takeout on the Internet and took her niece to eat together.
However, on this day, the express delivery had not yet arrived, and Ran Ran's aunt called her **, only to know that the person who delivered the food did not have the key card of the community and could not go up. So she decided to pick it up herself.
The aunt thought about it, and it would be a matter of two minutes to send it out, and nothing would happen if she left her niece alone at home.
Yes, when my aunt went downstairs to get food, the door was open.
Unexpectedly, her thoughts made her lose her life.
After the aunt went out, she also went out, followed her example, and got on the elevator.
After walking into the elevator, she accidentally clicked to the tenth floor, and then the elevator stopped on the tenth floor.
At this time, the girl came out of the elevator and saw a large area of greenery at a glance. Maybe it was because she wanted to see where her aunt was, so she stepped on the flower with one foot.
But how can a pot of flowers withstand the weight of a child?The girl was unsteady on her feet, unsteady on her feet, and fell from the tenth floor.
The aunt came back with the meal, but she didn't see her niece. It was then that he heard a man across from him say that a child had fallen from the balcony.
When my aunt heard this, her legs immediately weakened and she fell directly to the ground.
When she came back to her senses, she hurriedly went down the stairs and saw that it was really her niece. In an instant, the whole world collapsed. The people around called the police, and the police came.
called the little girl's parents, and the two quickly rushed home. After the incident, the couple signed a compensation agreement with the girl's aunt and sued the occupants of the 10th floor planting flowers and plants, as well as the owner of the apartment.
The court finally found that many people were guilty in this case, so according to the compensation standard, the little girl's aunt should bear 70% of the responsibility, and the owner of the flowers and plants on the 10th floor should bear 15% of the responsibility.
As soon as this case was filed, there was a lot of controversy on the Internet. Some people stood on the aunt's side and said that she went downstairs to deliver food to the child just to let the child eat something, why did she become the culprit?
However, if it was really because of the flower pots, or because of problems in the management of the community, that a little girl was killed, then how could the responsibility of the landlord and the landlord be so light?
First of all, in response to netizens' questions about the aunt, we will answer them for you:
From the description of the above facts, we can see that the girl's aunt is not the girl's parent, nor is she the girl's direct guardian, nor does she have direct guardianship responsibility for the girl.
However, this does not mean that the aunt in this case does not have to bear any responsibility, because according to the laws and regulations of our country, the aunt's act of taking care of the youngest daughter is an act of friendship.
In a word, it is out of affection and friendship that I take care of the child for you, and it is not a responsibility that must be fulfilled.
However, although it is a form of friendship, according to our legislation, "the person who practices friendship has the same duty of care as he does with the person who practices friendship." ”
In other words, while taking care of her daughter, the aunt is also responsible for her daughter's physical health.
So, let's look at this case again, when the aunt went out to get the courier, although the time was very short, but during this time, the little girl's life was threatened, so the aunt did not fulfill her responsibility as a friend.
It wasn't until her sister-in-law went out to get a takeaway and didn't close the door that it all happened. So my aunt took on a lot of responsibility.
Here are some questions about the 10-storey property and its occupants.
Article 942 of the Civil Code provides for "repairing, maintaining, cleaning, greening and operating the common property of the owners of the unit, and effectively maintaining and maintaining it." ”
Article 1165 of the Civil Code clearly explains this, that is, "one party is negligent and infringes on the personal rights of the other party, and compensation is made for it."
Based on the above two provisions, as well as my relevant cases, it can be seen that the property failed to clean the common parts of the owners, maintain the common parts of the owners, and protect the personal safety of the owners.
Perhaps the residents of the community had persuaded the residents of the 10th floor to do so before the incident, but they did not do so.
The residents of the 10th floor, knowing that there were flower pots on the balcony that would endanger their lives, still put the flower pots on the windowsill, which was obviously against the law.
Therefore, they are responsible for the loss of their daughter's life.
So, if both the 10th-floor and 10th-floor residents are responsible for the girl's death, then they should each bear 15% of the responsibility
In this case, because the residents and landlords on the 10th floor did not act against the girl, nor did they have any subjective intentions, they did not need to bear the main responsibility for this matter.
After we understand this case, we must understand that there are not too many accidents in life, especially when it comes to the lives of ourselves and our families, so we must be cautious.
However, we should also note that in the management of our property, we urgently need to strengthen the supervision and improvement of our property management, and the public's awareness of the law, self-protection and protection of others is urgently enhanced.
What are your thoughts on this?