Return Case ListInfringement Compensation

In a product liability case in Xiamen, the court ruled that the building's users must compensate the victim for various losses totaling 6.2 ten thousand yuan.

Case Summary

On 2024/2/15, the plaintiff, Chen, was walking beneath a residential complex in Huli District, Xiamen City, when tiles detached from the building's exterior wall struck their right shoulder. This incident resulted in a fractured right shoulder and multiple soft tissue contusions, requiring hospitalization for 15 days and medical expenses totaling 1.8 ten thousand yuan. According to judicial appraisal, the plaintiff sustained a Grade 10 disability, with an impairment period of 60 days, a nutritional support period of 30 days, and a nursing care period of 15 days. The plaintiff filed a lawsuit against the property management company and building occupants of the residential complex, seeking compensation for medical expenses, lost wages, nursing fees, transportation costs, meals during hospitalization, nutritional fees, disability compensation, and mental distress damages, amounting to a total of 6.2 ten thousand yuan.

Key Dispute

1.Did the falling facade tiles of the building cause injury to the plaintiff?
2.Did the defendant property management company fulfill its duties of management and maintenance?
3.Should the defendant be held liable for damage caused by an object?
4.Are the claimed damages reasonable?

Case Strategy

1.Fixed photos of the accident scene, building exterior inspection reports, medical records, medical expense invoices, discharge summaries, judicial appraisal opinions, proof of lost wages, nursing care invoices, and other core evidence.
2.Prove that a tile fell from the building's exterior wall, struck the plaintiff's right shoulder, and caused injury.
3.Under the Civil Code, if a building, structure, or other facility, or its objects or fixtures placed or hung thereon, falls off or drops and causes damage to others, the owner, manager, or user shall bear tort liability unless they can prove they were not at fault. As the manager of the building, the defendant property management company failed to fulfill its duty to inspect and maintain the exterior walls and therefore bears tort liability.
4.Calculate the plaintiff's claimed losses: medical expenses 1.8 ten thousand yuan, lost wages 1.2 ten thousand yuan, nursing fees 0.3 ten thousand yuan, transportation costs 0.15 ten thousand yuan, hospital food allowance 0.15 ten thousand yuan, nutritional fees 0.3 ten thousand yuan, disability compensation 2.1 ten thousand yuan, and mental distress damages 0.3 ten thousand yuan. Total: 6.3 ten thousand yuan. The plaintiff's claim of 6.2 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant property management company shall compensate Plaintiff Chen for all losses totaling 6.2 ten thousand yuan within ten days of the effective date of this judgment; the defendant shall bear all litigation costs and judicial appraisal fees for this case.

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