The family of the owner of an elevator in Zhanjiang who died due to an elevator accident was denied a RMB 1.2 million claim. Do you think the family’s claim is reasonable?

An elevator accident occurred in a community in Zhanjiang City, Guangdong Province. The elevator rushed from the bottom and killed a female owner. When the owner took the elevator to the first floor below, the elevator malfunctioned and got stuck between the first floor and the first floor below. While maintenance personnel were handling the problem, the elevator lost control and quickly rose to the top floor of the 30th floor. Unfortunately, the female owner died. The community elevator failure is not accidental. Many owners in the community said that the elevator often has problems such as insensitive buttons, elevator doors that cannot be closed, and large vibrations during operation. Every time we reported to the property management for repairs, the symptoms were treated but not the root cause. Many elevator problems recurred within a month after they were repaired.

In fact, elevators are special public facilities and equipment. For residential elevators, all owners are the sole owners of the elevator's property rights, and the property management company is the manager. There are many parties responsible for the elevator accident, and all responsibilities need to be sorted out to understand the specific claims. The Zhanjiang City Quality Supervision Department returned to the accident site to inspect and collected hidden danger information from the owner, hoping that the matter can be properly resolved. The owner's family's claim for RMB 1.2 million was rejected

In an interview with the media, the family members of the deceased said that the family had asked a lawyer to submit a compensation of RMB 1.2 million to the property company of the community, but no one has ever asked about the matter, and no one has ever asked about it. People give them a reasonable answer. They had no choice but to hold banners at the scene to defend their rights, but they were rejected. From the perspective of the property management company, this incident is not only the responsibility of the property management company, but also the elevator company and maintenance company. The property management company's liability is at most 40%. The property company has also communicated with the family members, and compensation will definitely be paid, but the amount of compensation required by each party still needs an official ruling, which cannot be decided now.

In fact, the term "property" also makes sense. When this incident first came out, netizens had a clear view on the responsibility for the incident. In order to save money, real estate developers often choose off-brand elevators. Even if it is a famous brand elevator, the elevator will be used for 20 to 30 years. It can save money on maintenance funds, and even basic maintenance and accessories costs. In order to save money, the elevator company recruits relatively low-quality personnel. Most of them are "newbies" without technology, experience and common sense. They start training after they are recruited. After they understand a little bit, they call themselves masters and start to train apprentices. In such an environment, if the quality of the elevator itself is not high enough, the risk of accidents will be great. Netizens’ views on claiming 1.2 million yuan

On the issue of compensation in this matter, netizens also expressed different opinions - "The elevator is more important than the car, and the car is under your control. As soon as you enter the elevator, you will Life safety is completely entrusted to the elevator. If the elevator itself is unsafe, it would be terrible to buy brand-name air conditioners, electric cookers, and range hoods, but to use other brands for elevators that entrust life safety. This is a disservice to oneself and others. Responsible."

"1.2 million is not much at all. Her house has become a haunted house and it is impossible to buy or sell it. The loss of the house is 1 million, and the child support is 1 million. 2 million, a total of about 5 million is reasonable. "The property company will first make the total compensation, and then the property management will sue for the sharing of the parties. The grieving family members can no longer bear the derailment. ”

“The property owner should pay the full compensation, and the property owner will then contact the elevator manufacturer, elevator maintenance, and finally the annual inspection official.” “This is the same as a car accident, requiring the car owner to go. The hospital's apology is actually asking for additional compensation in person. If it fails, it will be hijacked by the media. However, all car accident articles indicate that the car owner cannot contact the victim privately, and the insurance company has the sole discretion to handle and settle the claim according to legal regulations."

“First the property management company confronts the owner, and then the property management company confronts the elevator company. After all, the owner does not have a contractual relationship with the elevator company, but the property management company.” “Due to the dispute over the balance settlement, the elevator manufacturer has withdrawn from the site for maintenance and cut off the supply of spare parts.” "Sue the lawsuit first! Don't affect the normal lives of other owners, otherwise you will lose your sympathy!" From the comments, we can see that everyone generally believes that the compensation claim of 1.2 million is reasonable, and the object of the claim should be the property , and then the property management company will hold the elevator company and maintenance company accountable.

I think the family’s claim of 1.2 million yuan is reasonable

The per capita income of urban residents in Guangdong Province in 2020 is 50,257 yuan. If the victim is under 60 years old, the death compensation is 1,005,140 yuan plus other losses, 120 It may not be too much, but the question is, does the property management company need to bear all the responsibility? In addition, currently in the negotiation stage, the victim requested compensation of 1.2 million yuan, but the property management company thought it was too high and refused to compensate. This can hardly be said to have hindered the protection of rights. To safeguard rights, in addition to negotiation, there are also mediation, litigation and other ways. Now that the victim has hired a lawyer, if negotiation or mediation fails, he can resort to litigation.

However, some people say that due to the dispute over the settlement of the elevator balance, the elevator manufacturer has no responsibility for this matter. In addition, everyone also believes that the family members of the accident should go through legal procedures instead of defending their rights on the spot and affecting the normal lives of other owners. In addition, other owners in the community said that they have also experienced problems with slides and ladders. Although they have reported this problem to the property management many times, the property management has never paid attention to it and has not arranged anyone to deal with it. The only request of the mother of the family is to get an explanation! Conclusion:

The problem of the owner being killed by an elevator overshooting shows that routine maintenance of the elevator is very important. The elevator company should settle the claim, but no amount of compensation can heal the pain of the owner's family.