China's Supreme Court has said that nursing homes will be held liable if elderly people are injured because they fail to provide a barrier-free environment.
The Supreme People's Court on Tuesday announced details of six influential cases involving elderly care facilities, highlighting the judicial efforts to protect the legitimate rights of the elderly and promote the healthy development of the industry. did.
In one recent case, the family of an 82-year-old woman, surnamed Ma, sued a nursing care center in Chengdu, Sichuan province, in a local court for damages after she fell on her way to the center's toilet. I asked for it. she has a broken bone.
During the trial, a court in Chengdu ruled that the center's facilities were designed for elderly people because the manhole cover in the path to the toilet was significantly higher than the ground, causing Ma's fall and posing a safety risk to others. It was determined that it was not friendly to people.
Citing the Civil Code, the basic law that regulates civil activities, the court pointed out that operators of public services such as hotels, airports, gyms, and entertainment facilities should be held legally responsible if they fail to fulfill their obligations. , ruled in favor of Mr. Ma's family. Ensure safety.
Furthermore, the promotion of a barrier-free environment must be based on the principles of safety, convenience, ease of use, and wide-ranging effects, and must be combined with renovations that are considerate to the elderly based on the Act on the Development of Barrier-Free Environments. the court added.
While introducing this case to the public, the Supreme Court stated, “It is essential for nursing homes to take into account the physical conditions of the elderly and renovate and improve their facilities to make them easier to use.'' safety hazards that may pose risks or hazards to It should be excluded. ”
China, with a population of 1.41 billion, is facing an increasingly serious aging problem. At the end of 2022, the country had more than 280 million people aged 60 and over, accounting for about 20 percent of the population. This has increased from approximately 267 million people at the end of 2021.
As the population ages, nursing homes are opening to provide a variety of services. However, the Supreme Court said the management and development of such institutions is uneven due to inconsistent service standards and unclear regulations.
In another case, an elderly person surnamed Xiang paid more than 30,000 yuan ($4,200) to a nursing home, but the facility frequently changed residence against Xiang's will, moving Xiang from Chongqing to Yunnan province. , and moved to Sichuan province.
As a result, Xiang returned to Chongqing, refused to accept the services provided by the facility, and sued the facility in a grassroots court. As a result of the trial, Xiang received approximately 10,000 yuan back.
The Supreme Court made it clear that residential care is a central issue for nursing homes, and used this case to seek to ensure adequate living conditions and improve the quality of other services.
In addition to courts, government agencies are also taking steps to optimize services for the elderly and protect the interests of the elderly. For example, the civil sector is installing barrier-free facilities in more city-level housing communities and creating pension services majors in professional schools.
caoyin@chinadaily.com.cn
