[Guangming Daily, Social Week, Ping An, Forward View]
During the summer of this year, lift accidents were frequent. It was originally a technology product that helped people save energy and improve their quality of life. According to authoritative statistics, there were 49 elevator accidents in the country in 2014, and 37 people died. Exclaimed by surprise, many question marks have been generated in people’s hearts: What exactly is the situation in China's elevator safety? How can we protect the rights of elevator accidents? How can we fundamentally prevent elevator accidents?
1. Frequent accidents caused by four major reasons
In the end, what factors have caused elevator safety accidents to occur frequently? According to the introduction of relevant persons in charge of the Bureau of Special Equipment Safety Supervision of the General Administration of Quality Supervision, Inspection and Quarantine and the analysis of relevant media reports, the author believes that in China, the main reasons leading to frequent elevator accidents are: Four aspects.
First, the safety standards of old elevator brakes are low. The brake is the core device of the elevator. Its safety and reliability are the core factors that ensure the safe operation of the elevator. Prior to 2003, based on the state of the art and economic development at that time, the safety standards set by the state for elevator brakes were not high. Therefore, the elevators installed before 2003 had the same safety performance as the elevators installed after 2003. Than a certain gap, it is easy to cause security risks. However, this does not mean that the elevators installed before 2003 are generally unsafe, but only shows that the relevant safety standards have been significantly improved with the progress of the society. The safety performance of the elevators we are riding today is greater than before.
The manager of a public place shall increase the awareness of safe operation of the elevator and provide timely and effective safety maintenance and daily maintenance for the elevators under its jurisdiction. The picture shows a shopping mall in Yaohai District of Hefei City. The quality supervision personnel are conducting safety inspections on the escalators and explaining the elevator safety knowledge to the staff of the shopping malls and customers. Solution photo/bright picture
Second, the use of elevator door machine system is not standardized, resulting in abnormal opening and closing of the elevator door, resulting in security risks. During the daily use of elevators, many users shield the elevator doors for a long time to transport goods and keep the elevator door open. The long-term use of non-standard will have a greater impact on the door machine system of the elevator, resulting in the failure of the switch door and even the jamming of personnel. , items and other security risks.
The third is long-term overloading, which can easily lead to an elevator accident. Due to the large population of our country and the dense population of metropolitans, the passenger flow at subways and airports is huge. The elevators in relevant places have been overloaded or overloaded for a long time, making the use frequency and intensity of elevators in our country much higher than those in Europe and the United States. , wear and other more prominent, giving the elevator security risks.
Fourth, elevator management and use of personnel safety awareness are not in place. For example, on July 26, an escalator in a department store in Jingzhou, Hubei, devoured a young mother. According to publicly available video materials, the service staff at the mall had found a safety hazard before the young mother took her child to take the elevator. Caused an accident. However, these service personnel lacked safety awareness and failed to promptly shut down elevators or other precautionary measures, resulting in tragedies. This is truly deplorable. In addition, public awareness of the safety of elevators is also lacking. There are emergencies that do not know how to save themselves. What is more, there is a lack of social morale. When elevator failures are not reported in time, they are destroyed and the emotions are relieved. The safe use of elevators brings hidden dangers. The above-mentioned aspects are the main factors leading to the frequent occurrence of elevator accidents in our country.
2. Rationally safeguard their rights and interests according to the law
If an elevator safety accident occurs, how should the public safeguard their own legitimate rights and interests? This issue concerns the application of the law. The general principle is to exercise legal protection of rights. Because the specific circumstances of each case vary greatly, and there is not a fixed formula that is sufficient to solve all problems, so when specific laws are applied, specific issues should be specifically analyzed. The author lists the following situations for reference when safeguarding rights.
First, if there is a quality problem in the elevator itself and an accident occurs, the victim can claim compensation for all losses from the main body of the hotel, shopping mall, bank, and station. According to the provisions of the Tort Liability Law, managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues or organizers of mass activities do not fulfill their security protection obligations and cause damage to others, they shall assume tort liability. Therefore, if the public suffers personal injury due to an elevator accident in public places such as hotels, shopping malls, banks, stations, and entertainment venues, the administrators of these public places may fail to fulfill their safety protection obligations and require these shopping malls and hotels to bear the infringement. responsibility. Still taking the elevator accident in the department store of Jingzhou, Hubei Province as an example, the family of the deceased could completely rely on the provisions of the law to take the shopping mall to bear all responsibility for damages on the grounds that the shopping mall did not fulfill their safety guarantee obligations.
Second, there is a problem with the quality of elevators. Consumers can claim damages from manufacturers and sellers of elevators, in addition to claiming compensation from managers in public places. In accordance with the relevant provisions of the Tort Liability Act, if a product is defective and causes damage to others, the producer shall bear the tort liability. If the product is defective due to the fault of the seller, causing damage to others, the seller shall bear the tort liability. If damage is caused due to defects in the product, the infringed person may request compensation from the producer of the product, or request compensation from the seller of the product. If the fault of the third party caused by the transporter, warehouser, etc. causes defects in the product and causes damage to others, the producer or seller of the product shall be entitled to claim compensation from the third party after compensation. Therefore, if it is found that there is a problem with the quality of the elevator, the victim may request the manufacturer and seller of the elevator to assume tort liability.
Third, is it right? Once an elevator safety accident occurs, the relevant responsible person must compensate for all the losses? This issue must also be analyzed in detail, and thoroughly review the fault of the victim and the responsible person. If the victim himself is not at fault for the occurrence of the accident, the responsible person must bear all the liability for compensation; conversely, if the victim himself is at fault or deliberately responsible for the occurrence of the accident, the victim is required to bear some or all of the responsibility. According to the law, if the infringed party is also at fault for the occurrence of the damage, the infringer's liability can be reduced. At the same time, if the damage is caused intentionally by the victim, the perpetrator shall not be liable. For example, if an elevator fails and the relevant person has expressly forbidden to take the elevator, the victim still insists on taking the vehicle. As a result, the victim has to bear most or all of the responsibility.
Fourth, if there is no problem with the elevator itself, and the elevator is completely damaged due to its own reasons, it is not entitled to claim losses from others. For example, there was a video on the Internet. Adults went shopping with two children. Older children arrived safely on the first floor by elevator. Another child, who was young and unconscious, seized the handrail of the elevator. During the operation of the elevator, it crashed and was seriously injured. The tragedy occurred not because of problems in the elevator itself, but because the parents as guardians of the children did not fulfill their guardian duties. Although the children’s experience is distressing, it is often difficult to obtain support if the elevator manager is required to take responsibility.
3. A prevention is better than a remedy
According to authoritative data, the number of elevators in China has exceeded 3 million units. This is only the statistical data for 2013. With the development of economy, the number and scale of elevators in our country will be even greater. From the probability of accidents, the probability of elevator accidents in our country is extremely low. Therefore, the overall situation of elevator safety is good. And in the elevator accidents that have occurred, human factors and management factors dominate, so the public should have a positive attitude towards the quality and safety performance of our elevators.
However, it should also be noted that an optimistic attitude cannot substitute for careful thinking. Although the overall probability of an elevator accident is less than 1%, once an accident occurs, it is 100% for individuals and families. The damage caused is huge, and the loss of the body and even its life is even more difficult to recover. One-point prevention is better than a very remedy. In the future, the following aspects should be done to avoid the recurrence of elevator accidents.
First, the public must cultivate social morality, have a sense of safety, and use elevators rationally. In particular, according to the daily instructions posted in the elevator car, the elevator should be used safely and reasonably, and illegal operations must not be carried out. In particular, chasing, playing, and play can not be performed on the elevator. To learn the common sense of safe operation of elevators and discover potential safety hazards, promptly notify relevant departments to promptly review and overhaul elevators, ensure safe operation of elevators, and safeguard the legitimate rights and interests of themselves and the public.
Second, the public place manager should improve the awareness of safe operation of elevators, provide timely and effective safety maintenance and routine maintenance for the elevators under its jurisdiction, and conduct safety education and training for employees, find problems in a timely manner, respond decisively, and prevent malignant safety accidents. .
The third is to strictly implement the relevant laws and regulations of the country. The elevator belongs to the special equipment prescribed by the Special Equipment Safety Law and the Special Equipment Safety Supervision Regulations. The regulation of special equipment has a complete system design of laws and regulations. The inspection and testing institutions for special equipment must perform their duties in accordance with the law. The national quality supervision department must implement its supervisory responsibilities and find that violations of laws and regulations must be investigated and dealt with strictly to minimize hidden dangers of elevator safety and protect the legitimate rights and interests of the public.
China is a large country with large populations of elevators and frequent movement of people. Elevator safety concerns everyone and it also affects every family. To maintain the safety of elevators, we should make concerted efforts to prevent accidents and ensure public safety.