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The sub-center edition of Beiqing Community Daily has opened the [Xiaoqing Public Interest Legal Services] public interest law popularization column, welcome citizens and friends to submit their own legal problems, we will invite professional lawyers to answer questions and analyze typical cases, to provide legal reference for everyone, so stay tuned!
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Issue 62
Recently, Mr. Wang (pseudonym), a citizen, reported to the media that his mother was about to enter the station through the overpass on the east side of a railway station in Beijing, and after his mother took the escalator downstairs on the south side of the east overpass, she found that the escalator was not immediately adjacent to the ground, and she needed to go down seven more steps. But while dragging his suitcase and going downstairs, Mr. Wang's mother fell down the steps. My mother, who is over 70 years old, broke her tooth after a fall and has not healed yet.
Mr. Wang said that he had also visited the scene to find out why his mother had fallen, and he found that his mother was not the only one who had fallen in this place.
How to divide the responsibilities of the elderly who fall in a public space? Is the space manager liable and should it be compensated?
What kind of safety and security obligations should operators and managers of public spaces and public places fulfill? It can also be cited as an example of the elderly falling in the community, does the property need to be responsible? If a passerby falls on a bicycle, does the road management need to be responsible?
This column invites lawyer Wu Zhuozhuo of Beijing Huixiang Law Firm, lawyer Gao Ming of Beijing Huixiang Law Firm, and lawyer Yu Xiaonan of Beijing Derun Law Firm to give legal interpretation on related topics for readers' reference.
Railway stations are public places, and such public places are often densely populated and highly mobile, so public places should fulfill their statutory security obligations, Article 1198 of the Civil Code stipulates that:
Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business venues or public places, or organizers of mass events, who fail to fulfill their security obligations and cause harm to others, shall bear tort liability.
Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary liability. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
This article is about the statutory security obligations of operators and managers of public places.
In this case, Mr. Wang's mother accidentally fell and injured herself while crossing the overpass, and it depends on who is the property right or the management or operation entity of the facility at the place where the incident occurred, so as to determine the responsible party.
According to the photos and descriptions provided by Mr. Wang, the facilities may be unreasonable in design, or they may be said to have certain defects, not taking into account that there are many elderly people, children or some disabled people with limited mobility in the overpass of the railway station, and it may also be taken into account in the design, but the results presented after the actual completion can not actually achieve the most ideal stateAt the very least, there should be some safety warning signs to remind passers-by to be careful of steps to avoid falling injuries.
In this case, there is no relevant eye-catching warning sign, so if the management and operation entity of the relevant facilities fails to perform the obligation of reminder and warning on the premise of knowing that there are relevant potential safety hazards, it is indeed suspected that there is a failure to implement the security obligation.
On February 1, 2024, the Supreme People's Court released six typical cases of civil disputes involving elderly care services, which released a case in which the provisions of Article 1189 of the Civil Code were applied, and the relevant cases are excerpted below for readers' reference:
Case: Elderly care institutions should bear corresponding responsibility for the damage caused by the failure to carry out age-appropriate renovation ---- Ma Moumou v. the operator and manager of the business premises and public places of a pension center
Basic facts of the case:
When Ma Moumou was admitted to a nursing center, a nursing center assessed his physical condition, and the score of "walking on flat ground" was 10 points/15 points. The Morse Fall Assessment Scale states that Ma Moumou has no fall record in the past three months, and is assessed as "low risk standard fall prevention measures".
One day, Ma Moumou fell on the way to the bathroom in a nursing center and fractured a fracture, which healed after hospitalization. Video data shows that there is a manhole cover in the courtyard of the nursing center, which is located opposite the entrance and exit of the gate, and the manhole cover and its lower edge are significantly higher than the surrounding ground several centimeters, and are on the daily traffic road. Ma Moumou claimed that he was injured by tripping over a manhole cover, and sued a pension center to bear the liability for compensation.
Reason for the adjudication: The trial court held that a certain elderly care center did not carry out age-appropriate renovation of its business premises, and the manhole cover above the ground in the passage of its premises posed a safety threat to the actions of the elderly, and caused Ma Moumou to fall and be injured, and a certain elderly care center was at fault. According to the degree of fault and the degree of participation in the consequences of the damage, a pension center is determined to bear 60% of the liability for compensation.
Typical significance: The first paragraph of Article 1198 of the Civil Code of the People's Republic of China stipulates that "the operators and managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business venues and public places, or the organizers of mass activities, shall bear tort liability if they fail to fulfill their security obligations and cause damage to others".
Article 4 of the Law of the People's Republic of China on the Construction of a Barrier-free Environment stipulates that "the construction of a barrier-free environment shall be combined with the renovation for the elderly, and follow the principles of safety, convenience, practicality and ease of use, and extensive benefits". As the operator of the business premises that provide pension services, the pension institutions have the statutory obligation to ensure safety, and compared with the general business premises, the pension institutions should also combine the particularity of the pension services and the physical condition of the elderly, and carry out age-appropriate transformation of the business premises, so as to investigate and eliminate the potential safety hazards that may cause danger and hindrance to the elderly. Those who neglect to perform the above obligations shall bear tort liability commensurate with their fault.
This case fully considers the degree of fault of both parties, reasonably divides the proportion of responsibility, and reminds elderly care institutions that they should fully fulfill their safety and security obligations, attach importance to the renovation of business premises for the elderly, and fully protect the personal safety of the elderly.
Therefore, through the above cases, the court should consider the degree of fault of both parties when hearing the relevant cases. At the same time, we also hope that everyone will pay attention to safety when traveling, especially in some public places, be careful of steps, manhole covers and other facilities that are prone to potential safety hazards, and also hope that the management and operators of relevant facilities can pay attention to the inspection and rectification of relevant facilities and try to avoid accidents.
statement
The above is for readers' reference only. The views in this article do not represent any final legal opinion, because the relevant information comes from the reader's unilateral description, this article only explains the relevant legal provisions from the perspective of public interest law popularization, and does not represent any legally effective determination opinion, does not represent any final legal conclusion, and cannot be used as the basis for determining the outcome of the case. If they meet the requirements for applying for legal aid, they may also apply for legal aid from the relevant departments.
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