After the party was ready to leave, Song lifted the door of the elevator for no apparent reason, causing the failure of the elevator door to stop the operation of the manned cabin. When the friend retire, he fell from the gap in the elevator door and died. Song was sentenced to two years’ imprisonment for crimes of death resulting from negligence, suspended for three years, and paid civil compensation of one million yuan.
The facts: When the elevator took two feet
Elevator door emerges crevice friends fall
In the early morning of September 14, 2015, Song and the victim Ruan and others continued to sing and drink at a KTV on Airport Road, Baiyun District, and they continued to play until around 2 am. Song and Yu Mou et al. were on the third floor of KTV. Wait for the elevator to leave. At this point, Ruan backs against the elevator and stands in face-to-face chat with Song.
Songmou somehow suddenly used his feet to knock down the elevator doors in the closed state. Song followed his hands to catch some shoulders, and Zoumou stepped back into the elevator door. Suddenly, there was a gap in the elevator door. He collapsed into the elevator from the gap in the elevator door some time later, and then the elevator door was closed again.
Afterwards, friends of the same group rushed to the police. The fire engines and ambulances rushed to the scene quickly after receiving the report and rescued them. However, the doctors confirmed that he had died of severe brain injury due to high crashes.
Appraisal: The elevator door was kicked out of trouble
Loss of fall protection
After being verified, the elevator is in normal operation before the accident. The third-floor elevator landing door can work normally; the three-floor door guiding device is out of the landing door sill due to the external force and loses its anti-fall protection function.
It turned out that Song’s kicking action led to the derailment of the lower slide below the left door of the lift and a slight inward bend. The lift door had electrical switches and mechanical switches. Once derailed or deformed, the elevator manned storage would immediately stop running. , but the elevator door can still move inwards. Therefore, when Ruanmou crashed into the elevator door, she fell directly into the elevator shaft and fell to the ground floor.
Song was accused of culpable crimes and was prosecuted. The victim’s family also filed a civil lawsuit with the Baiyun District Court in April 2016, requesting the defendant Song, the entertainment center, and his friends Xiao Liu and Xiao Hu to pay compensation for funeral expenses, dependents’ living expenses, death compensation, and spiritual damage. The total amount of transportation expenses, accommodation fees, loss of lost work, and other reasonable expenses paid for gold and handling funeral expenses totaled 1.122 million yuan.
The defendant, Song, objected to the charge that the prosecution was alleged, and he believed that it did not constitute a crime.
The defender believes that the occurrence of the harm result in this case was caused by multiple factors. There were multiple factors in the elevator door being loosened to derailment. There were many influencing factors after the victim's death from a building crash; the defendant Song did not neglect the negligence, nor did he There is an overconfident negligence, and there is no causal relationship between the kicking behavior and the victim's death. The defendant has to surrender himself and the circumstances are minor. He should be exempt from criminal punishment or be subject to probation.
Court: Negligence Causes Death Civil Compensation $1 Million
The Baiyun District Court held that the “Special Equipment Accident Analysis Report” and video surveillance confirmed that the elevator and the third floor elevator door were in normal operation before the accident. It was Song that kicked the elevator landing door that led to the departure of the third floor elevator door guide device. At the door, the fall protection function is lost.
Song, as an adult, has certain common sense of life. He should foresee that his kicking the elevator door and his physical contact with the victim may cause certain harmful consequences. However, he was not forgiven for his negligence and subjectively has a criminal law sense. The negligence objectively caused the result of the death of the victim. It was negligence and negligence. The behavior was in line with the legal characteristics of the crime of negligence causing death, and the criminal responsibility for the crime of death caused by negligence should be investigated.
After the incident, Song knew that other people were on the alert and waited on the spot. After the case was truthfully confessed to the main criminal facts, he should be deemed to be surrendered himself and he could be given a lighter punishment. The defendant Song's family members first paid the victim's family a total of 145,000 yuan. The understanding of the victim's family members may be punished as appropriate. Therefore, the court decided that the defendant Song had committed the crime of causing death, sentenced to two years imprisonment, suspended for three years.
In the civil dispute section, the court held that because the elevator was in normal operation before the accident, the loss of the anti-dropping function of the three-story door was caused by an external force, so the defendant entertainment center did not have to bear the liability for compensation. Sui's death was caused by Song's kicking behavior and was not caused by excessive drinking. Therefore, Song should bear the tort liability according to law. The defendants Xiao Liu and Xiao Hu do not have to bear responsibility. Therefore, the court decided that Song had paid compensation to the victim's family for 87.84 million yuan (excluding the 145,000 yuan paid in advance).
This article label: elevator elevator safety elevator door elevator failure.