How to divide the responsibilities of children who climb the wall and play and become disabled?
Author: Beijing Yingtai (Shanghai) Law Firm.
Case playback] One night in 2021, Xiaojun and his partner were at the entrance of the K resettlement community, climbing the wall to play, and the security personnel of the property management of the K community came forward to stop them many times, and after the security personnel left, Xiaojun and his partner climbed the wall to play, causing the wall to collapse and injuring Xiaojun's right leg. Xiaojun was immediately sent to the hospital for treatment after being injured, and later due to the severity of his injuries, his right leg was amputated and was assessed as a grade 6 disability. In order to protect his legitimate rights and interests, Xiaojun sued F Construction Company and D Property Company to the court, demanding compensation of more than 140 yuan.
Yingtai lawyer on the law].
Article 26 of the Civil Code of the People's Republic of China: Parents have the obligation to raise, educate and protect their minor children.
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, afforest, operate 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. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.
Article 1252 of the Civil Code of the People's Republic of China: Where a building, structure or other facility collapses or collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability, unless the construction unit and the construction unit can prove that there are no quality defects. After the construction unit or construction unit makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons. Where a building, structure or other facility collapses or collapses due to reasons attributable to the owner, manager, user or a third party, causing damage to others, the owner, manager, user or third party shall bear tort liability.
After the trial, the court held that at the time of the incident, Xiaojun was not yet 8 years old, lacked the ability to identify and recognize the risk factors or sources of danger he faced in his daily life, and lacked a clear understanding of the consequences of dangerous behaviors. Therefore, Xiaojun's parents should bear 50% of the responsibility. According to the appraisal opinion, F construction company did not fix the structure when replacing the bottom of the fence guardrail, resulting in potential safety hazards and quality problems in the fence. Xiaojun's playfulness induced the collapse of the wall, and the construction company F, as the construction unit, failed to ensure the quality of the construction project, and has unshirkable responsibility for the occurrence of the consequences of the damage. Therefore, F Construction Company should bear 35% of the compensation liability.
As a community property management service enterprise, the property management company has the obligation to protect the personal and property of the owners of the community. The security guards had spotted Xiao Jun and his partner climbing the fence to play, but failed to take reasonable and effective measures to stop him. At the time of the incident, the guardrail had been damaged, but it failed to take reasonable and effective measures to properly dispose of the guardrail, and failed to perform its due safety and security obligations, and was at fault. Therefore, the property company should bear 15% of the liability.
In the end, the court ruled that Xiaojun incurred a total of more than 130 yuan in medical expenses, follow-up expenses, disability compensation and other losses due to the accident. More than 47 yuan will be compensated by F construction company, and more than 20 yuan will be compensated by D property company.
Yingtai lawyer reminds].
The amputation of the child's right leg due to a greedy play is really sad and regrettable. For minors who do not have the capacity for civil conduct, when they are alone, there are risks everywhere. Parents, as guardians, are the first line of defense to protect their children's personal safety, and should strengthen the education and management of children's safety awareness to avoid irreparable consequences caused by accidents caused by play. At the same time, the construction company should ensure the quality of the construction project and leave no potential safety hazards; Property management companies should fulfill their own safety and security obligations, focus on maintenance of areas with potential accidents, and take effective measures to avoid accidents.