& shy; Youmou was stabbed by Xin MOU with a dagger and fled by the community elevator, but died because of elevator failure. Does the property company managing the community have to bear certain responsibilities for this? A few days ago, Luoyuan county court concluded the dispute.
& shy; On the afternoon of July 15, 2014, you should meet with the borrower Xin MOU and go to Xin Mou’s home in the elevator room on the 18th floor of a community in Luoyuan county to ask for a loan of 15,000 yuan. Because Xin said that he was unable to repay, there was a conflict between the two. Youmou was stabbed by Xin MOU with a dagger to his right back, left back and right upper arm. Because Xinmou chased, youmou immediately took the community elevator to escape. Due to the sudden failure of the elevator, youmou was trapped in the elevator.
& shy; At 14:37 that day, 120 ambulances and police rushed to the scene. The medical staff climbed the stairs on foot to the elevator of a trapped floor of the tour and checked the tour to confirm that he was dead.
& shy; A family member of youmou believes that although youmou was stabbed by Xin MOU with a dagger, if there is no sudden failure in the elevator in the community, youmou can escape from the scene smoothly and get rescue. The property management company failed to maintain and repair the elevators in the community in time, and failed to fulfill the safety guarantee obligations within the reasonable limits, resulting in the death of lift out of order. Residential property management company should at least bear the compensation liability with Xin.
& shy; For this reason, a family member took the property company to court last year.
& shy; Luoyuan county court held that the main focus of controversy in this case was whether there was a causal relationship between the elevator shutdown of the property company and the death of youmou. The legal causal relationship of infringement refers to whether there is a causal relationship between illegal acts and damage facts. The parties have the responsibility to provide evidence for their own claims.
& shy; Whether there is a causal relationship between the elevator shutdown and the death of the victim, the plaintiff did not provide relevant evidence to prove it, and the plaintiff caused various economic losses due to the death of youmou, in the previous criminal incidental civil judgment, the defendant Xin MOU has been sentenced to compensate, and now the residential property management company is required to compensate 50% of its various economic losses, which is beyond the evidence of law. The court rejected the plaintiff’s application. (Reporter Chen H & X)