This personal injury compensation case originated from an accident at 2 1 pm on July 7, 2005 in the shopping mall of Tangpin Gallery in Nanning, Guangxi. Ge, a girl under seven years old, was found dead at the bottom of the elevator. Afterwards, Ge's parents, Weng Mou and Ge Moumou, appealed to the court, arguing that all the elevators of the defendant suddenly fell off and fell because of the defendant's failure to install, keep and maintain the elevators, and they should bear civil liability for compensation according to law, demanding the defendant to compensate for death compensation173,800 yuan, funeral expenses of 6,789.48 yuan, autopsy expenses of 500 yuan, lost time expenses of 2 16.24 yuan, and so on.
The court held through trial that the defendant, as the manager of the shopping mall, has the obligation to manage and maintain the sightseeing elevators in his shopping mall and should ensure the normal operation of the elevators and the safety of elevator users. Although the sightseeing elevator is still in the annual inspection period, due to the negligence of the defendant in maintenance, the maintenance of the elevator is in poor condition, and there are problems such as the failure of the safety contact plate of the elevator door and repeated downtime. Although the failure of elevator shutdown can not directly lead to the serious consequences of passenger death, there is no direct causal relationship between elevator shutdown and Ge's death consequences. However, due to the failure of the elevator anti-pinch safety contact plate, there are potential safety hazards, which makes Ge be squeezed by the elevator door when forcibly opening the elevator door, which is the direct cause of Ge's death. Therefore, the defendant was at fault for the occurrence of the consequences of Ge's death and should bear 60% of the liability for compensation for Ge's death. At the same time, because Ge is a minor and a person without civil capacity, the two plaintiffs, as legal guardians of Ge, should perform their legal guardianship duties and protect Ge's personal safety. The plaintiff repeatedly let Ge play alone in the elevator, out of the guardian's custody. As a result, Ge failed to take appropriate and reasonable measures for help or self-help due to lack of judgment and cognitive ability when the elevator stopped. Instead, they took improper measures to forcibly open and squeeze the elevator door to save themselves. Improper measures directly combined with the safety hidden trouble of elevator anti-pinch safety contact plate failure, which eventually led to the combination of Ge's chest and abdomen being squeezed, falling and drowning. This kind of damage can be reasonably avoided on the premise that the two plaintiffs correctly and completely perform their guardianship duties. Therefore, there is a direct causal relationship between the two plaintiffs' laziness in performing their guardianship duties and Ge's death consequences. The two plaintiffs were also at fault and should bear 40% responsibility for Ge's death. To sum up, the court ruled that the defendant Guangxi Nanning Soupinlang Trading Co., Ltd. compensated the plaintiffs Ge Moumou and Weng Mou for death compensation, funeral expenses, autopsy expenses, lost time and mental damages totaling 106446.43 yuan.
Since the beginning of this year, the courts in Xingning District have intensified their efforts in information disclosure and investigation, which have been further improved through the interpretation of specific cases. Over the past year, in addition to legal reports, in September and June this year, 165438+ 10, the column "Economy and Law" jointly organized by CCTV and the Supreme People's Court reported two civil cases in this hospital, which attracted the attention of many media. In addition, many national media such as People's Court Newspaper and China Court Network also reported some typical cases of court decisions, which aroused strong social repercussions and achieved good legal and social effects.