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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leisurely A pair of way receivers, these are

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that are powered by

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