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guan leiming

technical director | java

"unexpected" verdict: behind the gym collapse case, the responsibility and risk of project release

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in august 2023, an accident occurred in a swimming pool at a gym in shanghai, which aroused public concern about safety management. the results of the case have been released, which has triggered reflections on the sharing of responsibility and legal definition of safety accidents and safety risks in the project release stage. this article will draw lessons from the case and explore how to strengthen project management and risk assessment to avoid similar safety accidents, and provide guidance for legal proceedings after the accident.

event review:

mr. li was swimming in the gym when he suddenly encountered an accident and the ceiling collapsed, causing fractures. the case triggered a dispute over the sharing of responsibilities. in the end, the court ruled that the fitness center, the property company and the developer should jointly bear the compensation liability, totaling more than 100,000 yuan.

legal and safety responsibilities:

the occurrence of the case also reveals the safety hazards in the project launch phase and the problem of related responsibility sharing. at the legal level, the issue of building safety management involves multiple links. according to article 1,253 of the civil code, after an accident occurs, if the owner, manager or user cannot prove that he or she is not at fault, he or she shall bear tort liability.

project release and security management:

the collapse of the gym reminds us how to deal with safety risks in the release phase of a project. in the release phase of a project, it is necessary to accurately find human resources that meet the needs of the project and to establish strict safety standards and supervision mechanisms to ensure safety and responsibility.

  • choosing the right partner: during the project release phase, it is necessary to carefully select suitable partners to ensure their qualifications, experience and security management capabilities to avoid major losses caused by security risks.

  • establish strict safety standards: establish a complete safety standard system, including design, construction, operation, maintenance and other aspects, and implement corresponding safety mechanisms and supervision measures.

  • implementing an effective monitoring mechanism: strengthen internal supervision, regularly inspect and evaluate project safety management, and promptly correct and improve safety hazards.

legal protection:

after an accident occurs, the rights and interests of the victims need to be protected through legal means, including the determination of compensation liability and the reasonable calculation of the amount of compensation.

conclusion:

the gym collapse case reminds us that safety management is an important part of project release and management. by strengthening safety management and risk assessment, we can avoid similar accidents and provide guidance for legal proceedings after accidents.

2024-08-30