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Anonymous users2024-02-07According to the regulations, if there is an accident in the elevator, the first responsible entity is the user, and the elevator user performs the elevator safety management responsibility. If the elevator is not clearly used by the unit, it shall not be put into use.
Legal analysisAfter the elevator is installed, if the construction unit has not been handed over to the elevator owner, the construction unit is the elevator user; For the elevator managed by the entrusted property management enterprise, the entrusted property is the elevator user. To characterize this incident as a safety production liability accident, the responsible entity can be found in accordance with the Safety Production Law and the Special Equipment Safety Law, the responsibility can be divided, and the relevant punishment measures for the responsible entity can be determined. Secondly, after such a characterization, some of the main responsible persons will face the possibility of conviction and punishment in accordance with the provisions of the crime of major liability accidents, namely:
Whoever violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. The elevator belongs to special equipment, according to the provisions of the special equipment safety law, the manufacturer of the elevator should be in accordance with the requirements of the safety technical specifications in the process of manufacturing, installation, transformation and other processes of the elevator calibration, debugging. When the safety of the elevator is tracked and investigated, and it is found that there is a serious accident hazard, the elevator user shall be informed in a timely manner and reported to the department responsible for the safety supervision and management of special equipment.
If we become aware of a defect in the identity of the product, we should immediately stop production and recall it. If the manufacturer violates the above obligations, it may be fined, ordered to stop production, and in serious cases, the production license may be revoked. If the main person in charge of the unit responsible for the accident fails to perform his duties in accordance with the law, resulting in the accident, the special equipment safety supervision and management department shall punish him, and if he violates the criminal law, he may also be investigated for criminal responsibility in accordance with the law.
As the user of the elevator, the shopping mall should carry out regular maintenance of the elevator and regular self-inspection, and has the obligation to formulate a special emergency plan for elevator accidents, conduct safety education and skills training for operators, and when the elevator fails or an abnormal situation occurs, the elevator should be stopped from use, and a comprehensive inspection should be carried out to eliminate the hidden dangers of accidents.
Legal basisSpecial Equipment Safety Law of the People's Republic of China Article 84 In violation of the provisions of this Law, if the special equipment user commits any of the following acts, it shall be ordered to stop using the relevant special equipment and shall be fined not less than 30,000 yuan but not more than 300,000 yuan: (1) The use of special equipment that has not been produced with a license, has not been inspected or has failed to pass the inspection, or the special equipment that has been eliminated or scrapped by the state; (2) The special equipment fails or abnormally occurs, and it is not comprehensively inspected, the hidden danger of the accident is eliminated, and the use continues; (3) The special equipment has serious potential accidents, has no transformation or repair value, or meets other scrapping conditions stipulated in the safety technical specifications, fails to perform the scrapping obligations in accordance with the law, and goes through the cancellation procedures for the use registration certificate.
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Anonymous users2024-02-06Legal analysis: elevator accidents are the responsibility of elevator managers and property management companies. The manager of the use of the elevator has the obligation to ensure the safety of the elevator.
When the elevator has an accident or failure and causes losses, the elevator manager shall bear the first responsibility for compensation to the victim. After the user manager bears the first liability for compensation, he has the right to recover from the production enterprises, installation enterprises, maintenance enterprises, inspection units and users who caused elevator accidents or failures.
Legal basis: Article 1198 of the Civil Code of the People's Republic of China: Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business venues or public places, or organizers of mass activities, who fail to fulfill their security obligations and cause harm to others, shall bear tort liability. Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities.
After the camper, manager, or organizer bears supplementary liability, they may recover from a third party.
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Anonymous users2024-02-05Legal Analysis: 1. Elevator owners and managers.
2. Elevator manufacturers.
3. Regulatory authorities.
Legal basis: "Special Equipment Safety Law of the People's Republic of China" Article 38 If the special equipment is shared, the co-owner may entrust the property service unit or other managers to manage the special equipment, and the trustee shall perform the obligations of the special equipment user as stipulated in this law and bear the corresponding responsibilities.
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Anonymous users2024-02-04Legal analysis: Elevator accidents can be roughly divided into shopping malls and other places and residential areas, etc., and in judicial practice, the rulings of the two are slightly different. In the practice of dealing with trembling, the negotiation between the parties is the more important way to deal with it, and if it fails, it will resort to law.
Legal basis: Article 1198 of the Civil Code of the People's Republic of China: Where the operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business venues or public places, or the organizers of mass activities, fail to fulfill their security obligations and cause harm to others, they shall be liable for tort. If the third party's behavior causes damage to others, the third party shall bear the tort liability, and the operator, manager or organizer shall bear the corresponding supplementary liability if the operator, manager or organizer fails to fulfill the obligation to ensure the safety of the world.
After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
The Chinese are getting fatter and fatter hopefully.
If labor is not provided in accordance with the agreement, wages may be deducted.
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Emergency treatment plan for elevator trapped people.
When trapped in the elevator, to press the emergency button, knock on the bridge door or wave the hand, rescuers can contact the trapped passengers through the walkie-talkie, or mobile phone shouting, be sure to ask passengers to remain calm, wait patiently for rescue, trapped passengers can not extend any part of the body out of the car. If the car door is ajar open, rescuers should try to close the car door completely in case of an emergency. If there are the elderly, weak, sick and pregnant among the trapped guests, or some people are abnormal due to sleepiness, they can seek help from the following departments: >>>More
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