When the woman took the elevator, she tore off the advertisement posted in the elevator and did not expect it to cause trouble. Because the sticker stuck in the elevator car door, the car door deformation was stuck and could not be operated. After more than one month of maintenance, the elevator was finally repaired. The court first sentence, the woman compensated for more than 19,000 yuan in elevator maintenance costs.
The elevator is parked on the 11th floor and cannot be operated.
At about 2 pm on September 27, 2017, the owner who lived in No. 11 Building, Memorial East Lane, Xigang District, found that the elevator stopped at the 11th floor without any reaction, so he went to the property company for repair. The property staff then reported to the elevator maintenance unit for repairs. After the maintenance personnel arrived, they found that the elevator had been parked on the 11th floor and could not be operated.
After inspection, it was found that the reason for the elevator stoppage was that a large area of foreign matter stuck into the car door and squeezed the car door, causing the car door to be deformed; at the same time, due to the car door being stuck and the door machine control system being subjected to external resistance, the overload operation continued; Repeatedly knocking, causing the door lock to be disconnected, the inverter frequently starts, runs, stops, and the inverter is damaged. The elevator maintenance unit determined that the elevator failure was caused by human factors and was not covered by the warranty. If you want to repair it, you need to pay more than 19,000 yuan.
Evacuate the elevator and cause the elevator to malfunction
The property staff took the elevator video and found that when Ms. Wu took the elevator, she tore off the advertisement posted on the inside of the elevator door. After Ms. Wu arrived at the 11th floor and left the elevator, the other owners on the 11th floor found that the elevator was out of service, so she went to the property company for repair. The property company believes that Ms. Wu tore the car door stickers in the elevator, causing the stickers to get stuck in the car door when the car door is opened, and eventually the car door is deformed and stuck.
Because there is only one elevator in the building, the elevator is out of service to the other owners to bring great inconvenience to the normal life. The owner of the building is invited to agree to the maintenance of the elevator by the property company and resume the elevator operation as soon as possible. The property company recovered the Ms. Wu who caused the damage to the elevator. The 28 owners of the building also signed the “Opinions on Seeking Owners for the Case of Personal Damages Caused by Elevation of Elevators in Building No. 11”, and agreed to entrust the property to file a lawsuit and compensation for the individual causing the damage to the elevator.
The property company entrusted the maintenance unit to repair the elevator. The maintenance unit started construction on September 29, 2017, and was completed on October 31, 2017. The elevator resumed normal operation. The elevator maintenance cost totaled more than 19,000 yuan.
The owner was sentenced to pay 19,000 maintenance costs
After that, the property company recovered the elevator maintenance fee from Ms. Wu, so she sued Ms. Wu to the court and asked Ms. Wu to pay the elevator maintenance fee of more than 19,000 yuan.
The court held that the perpetrator should bear the tort liability for infringing upon the civil rights and interests of others. In this case, Ms. Wu tore the advertisement posted on the inside of the elevator door when she was involved in the elevator. After leaving the elevator on the 11th floor of the building, the elevator had a shutdown failure, and the elevator floor was 11 floors. The reason for the failure was A large area of foreign matter is caught in the car door and the car door is pressed to cause the car door to be deformed and jammed.
Ms. Wu does not deny the act of tearing up advertisements in the elevator. According to the evidence provided by the property company, it can be concluded that although Ms. Wu did not destroy the intention of the elevator involved in the case, Ms. Wu’s behavior of tearing the advertisement inside the elevator door was faulty and there was a causal relationship with the failure of the elevator. Ms. Wu’s fault caused the case to be damaged by the elevator and should bear the tort liability.
The first instance of the Xigang District People's Court of Dalian decided that Ms. Wu had paid more than 19,000 yuan for the elevator maintenance fee of the property company.
This article tags: elevator elevator safety elevator outage