How to share the responsibility when the ice valve falls off and kills a 30-year-old man passing by in a residential area in Changchun?

Let's take a look at the specific circumstances of the incident first:

Let me tell you my opinion:

According to Article 85 of China's Tort Liability Law:

If there is a property in this community to manage and maintain the house on a daily basis, then obviously the property company, as the manager of the house, should bear the main liability for compensation. But there is no property management company to manage this community. In this way, there will be no incidents caused by improper property management.

Therefore, the liability for compensation must be passed on to all owners of the whole building. Because they can't prove that they are not at fault for the falling of the hanging objects in the house where they live, they all need to bear tort liability.

According to the relevant provisions of the Trial Measures for Industrial Injury Insurance for Enterprise Employees:

The man was killed by an ice chute on his way to work. Therefore, according to the relevant laws and regulations, his unfortunate death can be recognized as a work-related injury, and his family members can also receive corresponding subsidies.

Considering that the community workers have posted notices about safety at the incident site before the incident, the key to whether the man needs to bear the responsibility lies in whether the notices are eye-catching and easy to find. If the notice is eye-catching enough and the man lacks sufficient observation before the incident, then the man himself needs to bear some responsibility for the incident.

This incident also reminded many friends living in the north, especially in the northeast, to pay attention to observation when going out in winter to avoid the potential danger of the ice valve coming on themselves.

To sum up, I think that although this incident was an accident as a whole, the residents probably still need to bear the corresponding liability for compensation. Since the incident happened on the way to work, his death can also be considered as a work-related injury. However, because the deceased may lack sufficient observation when walking, he may also bear certain responsibilities.

How to share the responsibility when the ice valve falls off and kills the passing men in a residential area in Changchun? It's really a bit troublesome to talk about responsibility, because it can be said that it is a natural disaster, not a direct man-made injury, but a person who died from the fall of ice in the community. It may not be said that there is no connection at all, but only legal procedures.

1, the cause and effect of the accident.

165438+1On October 27th, a tragedy occurred in Changchun City, Jilin Province. An ice tank fell from a residential area and killed a 30-year-old man. At the time of the incident, the man was walking on his way to work, passing through Yongfa Community, Shuguang Road, Nanguan District, and was hit by an ice chute that fell off upstairs and died on the spot.

Now the family of the deceased hopes that the community involved can give an explanation and then let the man be buried as soon as possible. However, a few days after the incident, the community involved and other relevant departments refused to take responsibility. According to Ms. Tong, a friend of the deceased, there is no property in the community involved, which is usually managed by the community. In front of the building where the man had an accident, there was an incident in which ice fell and injured people.

Ms. Tong said that before the incident, the community posted safety warning A4 paper in the area, but it did not achieve the warning effect. After the incident, the community put many old communities nearby on a warning line for maintenance.

Ms. Tong wants the community to take responsibility for the man's death, but now all parties are shirking their responsibilities. Residents of Building 5, Zone A, Yongfa Community, Shuguang Road, Nanguan District refused, and the community also shirked its responsibility, letting the families of the deceased seek legal counsel to go through legal procedures.

2. Should the residents of the whole building be liable for compensation?

The ice that killed people fell from upstairs, so it should be a falling object, and the provisions of the Tort Liability Law apply. In this case, the ice that killed the man did not belong to an owner, but crystallized from the whole building. According to Article 87 of the Tort Liability Law, if an object thrown or falling from a building causes damage to others and it is difficult to determine the specific infringer, in addition to proving that he is not an infringer, the user of the building who may have caused the damage shall make compensation.

So the owner of the whole building belongs to the infringer. As the family of the deceased, the owner of the whole building can sue to the court for compensation. However, it is not entirely the owner's fault that the ice trough falls and hits people. It is unrealistic to let the owner of the whole building take full responsibility. Therefore, based on the principles of humanitarianism and fairness, the owner of the whole building can only compensate the victims at most.

As a property, when an ice chute is found in a residential building, a safety warning sign or even a notice prohibiting passage should be placed in a prominent position. If you don't fulfill the obligation of reminding, as a property, you also need to bear corresponding legal responsibilities. Before the incident, the community posted safety warning A4 paper in the area. Although the position of the paper is not obvious, at least it is posted.

The person who was killed by the ice valve also has an unshirkable responsibility.

As a northerner, the man should know that in this snowy weather, as long as there is a house, it is easy to form an ice chute. Therefore, when traveling outdoors, we should pay more attention to whether there is an ice chute on the eaves, and we should not put all our personal safety on others.

In addition, before the incident, the community had posted A4 safety notices at the incident site, which was also considered as a safety reminder. Besides, the ice valve is the "falling body" of nature. For passers-by, this irregular situation makes no difference, but you can't tell who to look for.

A few days ago, due to the rising temperature, the ice and snow in Jilin melted, which has led to several incidents of falling ice and injuring people. In front of local roads, residential buildings and communities, warning signs of "ice falling from high altitude, no approaching" have been posted, and isolation zones have been opened.

Summary: Falling ice as big as an egg may also cause death. Therefore, if the snow-related communities and properties can't clean the ice trough in time, at least obvious warning signs should be set up. Passers-by should also pay attention to safety when going out, try not to get close to buildings with ice valves, and it is best to bring a safety helmet just in case.

What do netizens think about this? You can leave a message in the comments section. Dr. Coke Cat pays attention to all kinds of life and publishes the most unique comments. Doctor, remember to pay attention.

As the saying goes, the weather is unpredictable, and sometimes disasters can't stop falling from the sky. For example, a 30-year-old man in Changchun was killed by a residential area on his way to work, which made people feel that he was a little unlucky and could not even find a person in charge.

165438+1On October 27th, a tragedy happened to a man in his thirties in Changchun, Jilin. He was killed by an ice chute falling from a house in Yongfa Community, Shuguang Road, Nanguan District. To tell the truth, I seem to have encountered this kind of thing when I was walking on the road before, but I was lucky. The falling thing didn't hit my head, but it was next to me. I was lucky at that time, and I felt really lucky afterwards, because if this thing hit my head, I might be hurt a lot.

Now it is estimated that the family members of the deceased are still looking for the responsible party, but this responsible party is really hard to find, because there are many people living in the house in the community, and it is probably difficult to find out which household or person is responsible for this incident. It can be said that this person is innocent, but the residents of this residential building seem to be innocent because they are all in their own homes. As for the collapse of the house and the death of people, it is beyond their subjective control. Before, some people were killed and injured by high-altitude parabolic objects, but they were all intentional, but this time it was purely a natural disaster, and even the responsible person could not be found.

However, according to insiders, before the incident, the community posted a piece of paper with a safety warning in the local area, but it was not obvious. If it is investigated from the legal aspect, according to the law, if it is difficult to determine the specific responsible person because of the injury caused by the falling objects of the building, the user of the building who may cause the injury will make compensation. If this is done, it means that the residents of the whole building have become responsible persons. Another point is that the man was on his way to work at that time, so his accidental casualties were equivalent to work-related injuries. It seems that his unit should also bear this responsibility.

In addition, if there is a property in this community, then the property will bear great responsibility. Although a notice of A4 paper was posted in the building of this community, it was not obvious, and it was difficult for ordinary people to find these things. In addition, many roller skates are very dangerous in themselves, and the property has not dealt with these things, allowing these dangerous sources to exist, and the property has not done its own security work. However, it is estimated that the property will feel too wronged, because the northeast is freezing, and there are such ice valves in many places, and there is no problem at ordinary times. Who knew that such a big thing had happened this time?

Now the friends and family members of the deceased are begging for explanations. They are very angry because all parties seem to be shirking their responsibilities. From a purely legal point of view, either the owner or the property management company can be found, so that the unit where the deceased belongs can bear a little more responsibility at most, but in any case, there seems to be no person directly responsible for this incident, which is estimated to be quite depressing.

People walk on the road, and disasters fall from the sky. No one knows which comes first, tomorrow or the accident. 165438+1On October 27th, a man in his thirties was walking to work in Changchun, Jilin. When he passed Building 5, Zone A, Yongfa Community, Shuguang Road, Nanguan District, he was hit by an upstairs wall and a falling ice tank and died on the spot.

It can be said that the residents of residential buildings are innocent, but the more innocent are the dead. He walked well on the road and didn't offend anyone. How could they be so unlucky? In the past, throwing objects at high altitude caused casualties, all of which were man-made. This is purely a natural disaster, and no one expected it.

Having said all this, don't people who don't live in residential buildings have any responsibility? Can't say that, the dead are big, respect the dead, and life is precious. Therefore, if the responsibilities are divided, people in residential buildings will bear at least 80%, and passers-by will walk near the floor and bear 20% by themselves.

But having said that, no one wants to be a big head. Put yourself in others' shoes. There is nothing wrong with residents of residential buildings thinking this way. So it depends on how the law judges this matter.

I really don't know which comes first, the accident or tomorrow. A man in Changchun had an accident on his way to work. Now that people are gone, all parties pass the buck. I think it is reasonable for these two parties to share the responsibility after this incident:

On the one hand, the owner of the whole building belongs to the infringer and should compensate the families of the deceased for their losses; On the other hand, the property department of the community involved should bear corresponding legal responsibilities.

It is reported that recently, a man in his thirties in Changchun City, Jilin Province was walking on his way to work, passing through Building 5, Zone A, Yongfa Community, Shuguang Road, Nanguan District, and was hit by the wall upstairs and the falling ice chute, and finally died on the spot.

According to informed sources, before the incident, the community posted safety warning A4 paper in the area. The position of the paper is not obvious, so it is difficult for anyone to see it at once. This is the root of the danger.

The man was killed by crystal ice falling from the residential building. The incident was caused by falling objects from high altitude, not by throwing objects from high altitude. Therefore, according to the law, if an object falling from a building causes damage to others, and it is difficult to determine the specific infringer, the user of the building who may cause the damage shall make compensation.

In other words, all the owners of the accident building have become infringers, and the families of the victims must be compensated according to law. Of course, this amount is shared by each household. This accident, the death of the victim, and the loss of the head of the household are all accidents!

One party is absolutely to blame for this tragedy, and that is the property of the community. On the one hand, they failed to fulfill the obligation of safety reminder. When the property found an ice valve on the building in the residential area, it was not obvious, although A4 paper warning was posted. Safety warnings should be placed in a prominent position.

On the other hand, the property is not well protected. If you know that there is ice slip on the building, you should deal with it in advance, otherwise the nearby area is forbidden to pass.

In short, in this incident, the owners of the whole building and the residential property are responsible.

What do you think of this? Welcome to leave a comment below to interact!

Let me tell you what happened: On June 27th, 65438, an ice valve fell off in a residential area in Changchun, resulting in the death of a man in his thirties. On the way to work, passing through a residential area, the man happened to fall from the building and died on the spot. According to online reports, before the incident, community workers in the area posted a safety warning on A4 paper. After this incident, many old blocks nearby were blocked and repaired. However, at present, someone has come forward to give the family of the deceased a corresponding statement. Friend of the deceased: All parties are shirking their responsibilities.

Let me tell you my opinion: 1. In winter in the north, we can't help but be responsible for the residential property! The weather in the northeast is cold, usually MINUS one or twenty degrees. Ice hanging is really dangerous. Clean it up in time.

2. A man's skill is also irresponsible to himself. If he sees the posted safety warning, he should try to stay away from the stairs to avoid injury!

3. If it is solved through legal channels, the residents of the whole building may be defendants in the end, and the residents of the whole building may be liable for compensation. According to Article 85 of China's Tort Liability Law:

4. Accidents on the way to work can also be considered as work, and relevant laws have supporting basis.

5. Pay attention to safety! Never walk near tall buildings. Especially residential buildings.

Further reading: Beware of falling ice!

Learn more: How to share the responsibility when the ice valve falls off and kills a 30-year-old man crossing the road in a residential area in Changchun? Now all parts of the north have entered the winter mode, which has brought inconvenience to many people's travel. For example, roads are prone to ice, causing vehicles to slip and accidents. But in fact, cold weather is not only inconvenient for cars, but also has many unpredictable risks for pedestrians.

The accident was really an accident and a disaster for the deceased. I'm afraid most people won't think that the road I walk every day suddenly falls from the sky and hits me. Ice skates in the northeast are actually very dangerous, and people and cars are hit every year. The small ice valve is a dagger from the sky, and the big one is a boulder from the sky.

The whole building is probably liable for compensation. If there is a property in this community to manage and maintain the house on a daily basis, then obviously the property company, as the manager of the house, should bear the main liability for compensation. But there is no property management company to manage this community. In this way, there will be no incidents caused by improper property management.

Therefore, the liability for compensation must be passed on to all owners of the whole building. Because they can't prove that they are not at fault for the falling of the hanging objects in the house where they live, they all need to bear tort liability.

In fact, ice skates are still very common for northerners. In fact, this is because the accumulated water freezes under the eaves and is not cleaned up in time. Generally speaking, different departments are responsible for playing skates in different places. However, the accident in this accident must be related to the relevant units. I hope they can stand up and take responsibility and give an account to the deceased and their families. At the same time, this incident also gave us a revelation. When walking on the road, you should not only pay attention to the road under your feet and the distant vehicles, but also pay attention to whether there is an "ice valve" falling from the sky at any time.

There is a problem with the wall. The property in this residential area has management responsibility, and the owners also have corresponding responsibilities. But if it's just skates, no one is really responsible. There have been similar incidents before.

First of all, it is different from high-altitude parabolic:

Article 87 of the Tort Liability Law of People's Republic of China (PRC): "If an object thrown from a building or falling from a building causes damage to others, and it is difficult to determine the specific infringer, the user of the building who may cause damage shall compensate, except those who can prove that he is not an infringer." It's about the liability for damage caused by throwing objects.

In this incident, the victim was injured and died because the "ice valve" fell, and the "ice valve" was not a projectile.

Second, it is not the same as the goods of the owner.

In this incident, the death caused by the fall of the "ice valve" was an object formed by the cold weather after the snow melted, and the object system was formed due to natural reasons. The "ice valve" is not the owner, and there is no owner or manager, so there is no direct person who enjoys rights and assumes obligations for the "ice valve".

Moreover, the question of whether the owner has the obligation to clear snow is caused by natural reasons, and of course there is no owner or manager. There is no law, in the absence of a property manager, every household has the obligation to clear the snow on the roof, and it is really hard for the owner to venture to sweep the snow on the roof after the snow.

The "ice valve" will change or disappear with the cold weather and melting snow. Due to weather and other factors, it is unpredictable when the "ice valve" will drop. Therefore, in this incident, the owner was not at fault for the occurrence of harmful consequences and should not be liable for compensation.

A 30-year-old man, so young, can only be regarded as a work-related injury. What a pity!

Therefore, it is not easy to live. We should live well!

property loss

This matter should be the responsibility of the ownership unit of the building. If the property right of the building is owned by an individual, the property owner should not be responsible because it is beyond the individual's ability to remove the ice valve on the building. I think the community should be responsible. Even if the community has been reminded before the incident, it is still not enough to be excused.