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Old 07-27-2011, 10:03 PM   #1
add797788
 
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Default 老人坠亡地下室物业承担10%赔偿责任

  本报讯 (通讯员于春燕)七旬老人从小区地下室出入口处的遮雨棚坠落,造成头部等身体多处损伤,经抢救无效后死亡。 死者家属将小区开发商、施工者、设计者、物业管理者起诉至法院,要求索赔医疗费、死亡赔偿金等共计32.7 万余元,sale christian louboutin shoes。此案日前一审判决:开发商赔偿家属9万余元,物业管理者在上述赔偿数额内承担10%的补充赔 偿责任。

  事情发生在2008年12月,70岁的秦老太在小区散步时,从1号楼地下室入口上方的遮雨棚处漏下,摔 成重伤,salvatore ferragamo wallet for men,经医院抢救无效去世。秦老太的家属以遮雨棚不合安全规范为由,向法院起诉要求小区楼宇开发商等4名被告支 付医疗费、死亡赔偿金等共计32.7万余元。

  被告方称,事发现场的自行车库遮雨棚不是构筑物,coach handbags outlet,而是建筑物,并认为此案不适用司法解释中关于构筑物致人损害的规定。秦老太死亡的原因不是因为遮雨棚倒塌 、物件脱落所形成损害,因此也不应适用特殊侵权的法律规定和举证责任倒置的相关规定。秦老太自行攀爬至无法 承载其自身重量的遮雨棚上,导致板材开裂后坠落,其自身亦有过错。

  在审理中,法院到现场进行了勘验,发现地下人防出入口水泥台面高度、遮雨棚高度均较低。

  法院审理后认为,秦老太作为完全行为能力人,gucci belt bags,对在事发时其前往的地点和所要作出的行为应有所认知,所以其自身应对事件的发生承担主要的民 事责任,ferragamo belts,并判定其所承担的责任比例为70%。因事发现场距离地面的高度较低,且周边亦未张贴警示标志或设立防护措 施,存在一定的安全隐患,故开发者应承担30%的责任。

  因物业公司作为该小区的物业管理单位,其在事发后积极联系抢救、通知家属,并在遮雨棚内设置护网、外部 书写警示标志,bianca christian louboutin,但对事发时存在的安全隐患应承担10%的补充赔偿责任。因施工者、设计者,均是开发商发包,非工程的所有 人或管理人,所以不承担责任。最后,法院判决开发商赔偿家属9万余元,物业管理者在上述赔偿数额内承担10 %的补充赔偿责任。
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Old 07-27-2011, 11:12 PM   #2
ordeteole
 
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