Men fall into the Landscape River

Oriental Network reporter Liu Li, correspondent Tian Siqian reported on December 27: Mr. Liu went to a well-known residential area in Shanghai to work, trampled on the path through the green belt, inadvertently fell into the landscape river. For this reason, Mr. Liu sued the property company of the district to the People's Court of Pudong New District of Shanghai (hereinafter referred to as the Shanghai Pudong Court) and demanded compensation for all the massage
The court decided in the first instance that the property company was liable for 30% of Mr. Liu's reasonable loss, i.e. 2539.47 yuan. Mr. Liu refused and appealed. Recently, the court of second instance upheld the original verdict.
At about 17:00 on December 11, 2017, Mr. Liu, 50, went to a neighborhood committee in a street of Pudong New District to issue a residence certificate, which happened to be located in a well-known community. Because he is not familiar with the route, Mr. Liu, led by the security guards in the district, travels from the underground garage to the neighborhood committee. After that, Mr. Liu pushed the battery car back to the ground by himself from the underground garage, and trampled along the artificial path on the green belt, inadvertently fell into the landscape river of the community. Originally, Mr. Liu mistakenly believed that the green duckweed covered the river was the lawn at the end of the path, and its battery cars, bags, cameras, mobile phones and U disks also fell into the water. After the accident, Mr. Liu went to the hospital spa
Two days later, Mr. Liu found the property company to settle the dispute, and the two sides failed to negotiate with the police. After that, Mr. Liu sued the property company to Shanghai Pudong Court because of the unanimity of compensation.
During the court hearing, Mr. Liu believed that the green belt leading to the river had been trampled out an obvious viable path, and the property company did not timely repair and maintenance, nor did it timely clean the duckweed on the river surface. No one was on duty at the nearby security guard post and there was no safety warning at the river side. Therefore, the property company fails to fulfill its management and maintenance obligations, violates its security obligations, and should compensate for all its losses.male massage
The property company argued that the cleaning of the river course was carried out according to the maintenance plan. The roads along the greenbelt along the river were trampled by the builders while they were working, and the greenbelt was too high to be used as a road. The underground garage near the site of the accident is equipped with fixed guard booths, and the ground guard booths are patrol posts. The security guards have fulfilled their duty of safety protection by actively rescuing Mr. Liu after he fell into the water. Mr. Liu did not follow the normal road, but promoted the battery car to fall into the river when passing through the green belt. As a person with full civil capacity, he should bear the main responsibility for his own safety negligence. In addition, the medical fee of March 12, 2018 has been more than three months away from the accident, and has no causal relationship with the accident, so it does not agree to pay club
After the trial, the court held that although the property company set up green isolation zones for the landscape river, the management and protection measures adopted were not in place. The vegetation and trampled paths in the green belt were not replanted and replanted in time, the floating objects on the river surface were not removed in time, the corresponding safety warning signs were not set, and the obligation of safety protection was not fulfilled within a reasonable limit, so there was a fault in the occurrence of Mr. Liu's damage consequences.
Mr. Liu should return to the original way after he enters a strange community to deal with the matter, so as to avoid the accident. However, in order to take a short cut, Mr. Liu did not pass from the normal road, but pushed the battery car into the river when it crossed the green belt. It can be seen that Mr. Liu himself had obvious fault in the accident, and should bear the main sky massage
The court found that the reasonable loss of Mr. Liu's claim amounted to 8464.91 yuan. Mr. Liu's medical expenses more than three months after the accident were examined and had no causal relationship with the accident, so the court refused to approve it.
To sum up, the court made the above judgment based on the fault degree of both parties.