Return Case ListInfringement Compensation

In a liability dispute over damage caused by the collapse of a building in Xiamen, the court ruled that the building owner must compensate the victim for various losses totaling 46 ten thousand yuan.

Case Summary

On 2024/3/15, the plaintiff, Lin, was walking past an old industrial building in Xiang'an District, Xiamen City, when a deteriorating and structurally unsound wall suddenly collapsed, striking the plaintiff. The accident caused multiple fractures and internal injuries, requiring hospitalization for 60 days and medical expenses totaling {40,000 yuan}. According to judicial appraisal, the plaintiff's injuries constitute a Grade 5 disability, with a lost work period of 300 days, a nutritional support period of 150 days, and a nursing care period of 60 days. The plaintiff filed a lawsuit against the building owner, seeking compensation for medical costs, lost wages, nursing fees, transportation expenses, meal allowances during hospitalization, nutritional supplements, disability damages, and mental distress damages, amounting to a total of {80,000 yuan}.

Key Dispute

1.Did the defendant, as the owner of the factory premises, fulfill their obligations for the management and maintenance of the building?
2.Are there any safety hazards with the building's perimeter wall?
3.Should the defendant bear liability for damage caused by the collapse of a building?
4.Are the claimed damages reasonable?

Case Strategy

1.Core evidence: photos of the accident scene, wall inspection report, medical records, medical expense invoices, discharge summary, judicial appraisal opinion, proof of lost wages, nursing fee invoices, and more.
2.Present evidence that the defendant's factory wall has deteriorated due to age and poses a serious safety hazard. The owner failed to fulfill their obligation to manage and maintain the building. Under the Civil Code, if a building, structure, or other facility collapses or subsides and causes damage, the constructor and contractor shall bear joint and several liability, unless they can prove the absence of quality defects.
3.Plaintiff was injured due to the collapse of a wall while walking normally and bears no fault; Defendant shall bear full liability for compensation.
4.Calculate the plaintiff's claimed losses: medical expenses 16 ten thousand yuan, lost wages 6 ten thousand yuan, nursing fees 1.2 ten thousand yuan, transportation costs 0.6 ten thousand yuan, hospital food allowance 0.6 ten thousand yuan, nutritional fees 1.5 ten thousand yuan, disability compensation 18 ten thousand yuan, and mental distress damages 3.6 ten thousand yuan. Total: 47.5 ten thousand yuan. The plaintiff's claim of 46 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant, owner of the factory building, shall compensate plaintiff Lin for all losses totaling 46 ten thousand yuan within 10 days from the effective date of this judgment. The defendant shall bear all litigation and judicial appraisal fees for this case.

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