[Direct answer]In the Beijing area, the conclusion is that the responsibility for compensation usually lies with the elevator-using unit and the maintenance unit, based on their respective responsibilities. According to Article 1198 of the Civil Code of the People's Republic of China, if the operators or managers of business premises or public places fail to fulfill their obligation of ensuring safety and cause harm to others, they shall bear tort liability. Article 1165 stipulates that if a person infringes on the civil rights and interests of others due to negligence, he shall bear tort liability. Elevators are classified as special equipment, and the owners or users of the elevators are responsible for daily management and maintenance. The maintenance units are responsible for the quality of their maintenance services. If a passenger is injured by an elevator malfunction, they can claim compensation from the elevator-using unit. If the injury is caused by equipment defects or improper maintenance, the relevant responsible parties can be held legally accountable. Compensation typically includes medical expenses, loss of income, and nursing care fees. For those who suffer from disabilities, additional compensation such as disability compensation may also be provided, based on receipts and appraisals.

1. Problem background and typical scenarios

Elevators are commonly used facilities in public places and residences, and accidents such as passenger injuries caused by malfunctions, forced extrication from trapped situations, and injuries due to abnormal door opening and closing occur frequently. Typical cases include: passengers being injured by elevators in shopping malls or office buildings due to emergency stops or malfunctions; abnormal operation of residential elevators caused by lack of maintenance; secondary injuries caused by improper rescue procedures after passengers are trapped; and accidents involving children riding alone. When courts in Beijing handle such cases, they usually review the daily management of elevator-using units, the maintenance records of maintenance units, and whether passengers themselves have engaged in improper behavior, based on which they determine the responsible parties and the proportion of liability.

II. Key points of contention

First, who should bear the responsibility and how should the responsibilities be divided between the elevator-using units and the maintenance units? Second, how should the application and proof of safety protection obligations and fault liability be handled? Third, how should the burden of proof be allocated when elevator inspection and maintenance records are missing? Fourth, what is the impact of passengers' own fault on compensation liability? Fifth, can the producer and seller be held accountable when the equipment itself has defects? Sixth, how should the secondary harm caused by improper rescue of trapped people be handled? Seventh, how should the compensation items and amounts be determined? These issues jointly determine the objects of rights protection and the scope of compensation.

III. Professional analysis by Henglue Lawyers

Based on Henglue Lawyer's practical experience in handling personal injury and premises liability cases, the following four key points should be noted regarding such issues. First, the basis of liability: According to Article 1198 of the Civil Code of the People's Republic of China, where a public place manager fails to fulfill his/her obligation of ensuring safety and causes harm to others, he/she shall bear tort liability; Article 1165 establishes the general rule of fault liability. Second, identification of parties: The owner of the elevator or the unit using it bears the obligation of daily management and maintenance, and the maintenance unit is responsible for the quality of its maintenance. The two parties may bear responsibility separately or jointly. It is advisable to clarify and assert their respective responsibilities in the litigation. Third, key points of evidence: The elevator inspection certificate, maintenance records, surveillance footage, and operating data are crucial for determining liability. These records are typically held by the management party, and if necessary, the court may be requested to retrieve them. Fourth, apportionment of fault: Where the victim is at fault for the occurrence or exacerbation of the damage, the tortfeasor's liability may be reduced in accordance with Article 1173. Not all accidents in public places are fully borne by the management party. Fifth, liability for defects: If the elevator itself has product defects, the manufacturer and seller may be held liable in accordance with the relevant provisions on product liability. Sixth, quantification of losses: Compensation shall be based on receipts and appraisals. Where the injury constitutes a disability, a disability assessment should be applied for in a timely manner to ensure clear claims.

IV. Practical suggestions and legal basis

Practical advice: First, seek medical treatment promptly and keep the medical records, diagnoses, and expense receipts; Second, secure on-site evidence, including surveillance footage, equipment information, and witness contact information as soon as possible; Third, inquire about the elevator inspection and maintenance records from the management or regulatory authorities; Fourth, apply for a disability assessment promptly if a disability is established; Fifth, evaluate whether there are any faults on your part and reasonably determine the proportion of liability to claim; Sixth, initiate legal proceedings promptly if no agreement is reached, and may list both the user unit and the maintenance unit as defendants. For on-site services, please refer to the relevant guidelines.Personal injury and medical disputes、Creditor's rights and debts, and enforcement、Criminal defense and criminal case filing、Labor arbitration and work-related injury compensationAndSpecial servicesLegal basis: Articles 116, 117, 119, and 118 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), as well as the current provisions of the Special Equipment Safety Law of the People's Republic of China regarding the use and maintenance of elevators. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, elevators are special equipment, and the daily management of the user units and the maintenance quality of the maintenance units are the key points for determining responsibility. Secondly, passengers who are trapped can claim compensation from the user units, and the responsibility for improper maintenance will be investigated simultaneously. Thirdly, inspection and maintenance records are usually in the hands of the management, and if necessary, the court can be applied to retrieve them. Fourthly, if the passengers themselves are at fault, the responsibility of the managers may be reduced. Fifthly, if the equipment has product defects, the responsibility can be pursued through product liability channels. Sixthly, disability appraisals have a significant impact on the amount of compensation, and it is advisable to conduct them promptly after the injury stabilizes. Seventhly, for cases involving large amounts or multiple responsible parties, it is recommended to consult professional lawyers as soon as possible.

VI. Frequently Asked Questions

Q1: If someone gets trapped in an elevator, should they contact the property management company or the maintenance company?

You can first claim against the elevator user, that is, the property management company or the property owner. According to Article 1198 of the Civil Code of the People's Republic of China, the managers of public places who fail to fulfill their obligations of ensuring safety shall bear tort liability; if the damage is caused by improper maintenance, the responsibility of the maintenance unit can also be investigated. In the litigation, it is advisable to list all relevant responsible parties together, which is conducive to investigation and sharing of responsibilities.

Q2: If a person gets trapped in an elevator and manages to climb out on their own but gets injured in the process, who is responsible?

A comprehensive judgment is needed. If the rescue is not timely or improperly handled, resulting in secondary harm, the manager may bear corresponding responsibilities; if the passenger forcibly breaks free from the danger despite facing greater risks, he/she may be deemed at fault. It is recommended to keep the monitoring and distress call records, and analyze the responsibilities based on the rescue time and guidance situation.

Q3: What items can be compensated for in the case of elevator-related injuries?

According to Article 1179 of the Civil Code of the People's Republic of China, these generally include medical expenses, nursing fees, transportation fees, loss of income, and hospitalization subsistence allowances. For those who have suffered disabilities, it also includes disability compensation and disability assistive devices. Qualified victims can also claim compensation for mental distress, all of which are based on receipts and appraisal opinions.

Q4: If someone gets injured in a mall elevator, do they need to prove that the mall is at fault?

It is necessary to prove that the management party failed to fulfill its obligation of ensuring safety or committed faults. The victim can allege that the management party failed to detect potential hazards in time, failed to set up warnings, or lacked maintenance, and apply to retrieve the inspection and maintenance records. If the management party can prove that it has fulfilled its reasonable obligations and the damage was caused by the passengers themselves, its liability may be reduced accordingly.

Q5: What should I do if I can't find a maintenance and repair unit?

You can first claim against the user unit, that is, the property or the owner of the property. The user unit is obligated to ensure the daily safety of the elevator. Even if the maintenance is carried out by a third party, the user unit may still bear responsibility. If necessary, you can apply to the court to investigate the relevant maintenance contracts and records in the litigation, and then allocate the responsibility after identifying the real responsible party.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.