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7.7 property management serve a risk to be on guard case is analysed one

From;  Author:Stand originally

Shenzhen some village, be in a village inside the lawn limits of public section, because lawn is put in certain level to rise and fall, come and go for convenient owner, company of A of property management unit is among lawn built path of a step, add spread ceramic tile. A step of amid is in, because next well cannot close with ceramic tile and cement, a company uses the method that covers together with armor plate in this step place, fashion steps leading up to a house. One owner Ms. B sues say: When she buys food in ~ morning through step road, walk in the trip when the steps leading up to a house that controls with armor plate, bring about fracture, be admitted to hospital treat 20 days, aggregate happening the aggregate RMB such as cost of allowance of food of medical expenses, be in hospital, delay one's work, transportation expenses more than 60000 yuan. One, court decision of 2 careful court maintains: When Ms. B advocates its are walking, the chance to extricateoneself from an awkward position that makes because of armor plate is too weak, bring about its to fall, evidence is insufficient; Ms. B referred written witness testimony to the court, but the witness did not appear in court lawfully qualitative card, do not grant to maintain. The court rejects accuser lawsuit to request.

   Brief analysis:

This case is OK classify reachs a village communal environment risk. In this case Ms. B damages the factual course that produce to fail to undertake effectively quote to body of people on one's own side as accuser, bring about assumed quote incapable, adverse law consequence to lose a lawsuit namely.

But in this case, a company should notice the experience of summary and lesson are, in process of service of communal environment government, construction design, material uses the step that should ensure place is engaged in to whether accord with national standard; If Ms. B can lawfully, effective quote, a company the face, face the problem of the difficulty that cite confusion, because property manages an unit to be in a village communal environment is miniature, local when building, often finish by oneself engineering personnel proper motion, also did not undertake concerned a section check and accept qualification, so after incident happening, property management unit is hard of effective quote. Also can accept afore-mentioned issues without relevant appraisal orgnaization at present at the same time (if whether the hardness of armor plate is OK,make step wait with collect and process) appraisal. According to " property regulation " regulation, property management unit does not have the obligation that builds establishment and project in village and edifice, but if property manages an unit to assume this obligation of one's own accord, the standard that must build strictly according to construction undertakes design and construction, use through checking and accept the investment after qualification, become otherwise when similar incident happens in case, the " of " coolie Cheng that property management unit avoids quote to prove a construction hard is eligible, nonexistent hidden trouble and insecure element.
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