Legal responsibility for pensioner killed by falling ice in Moscow
On January 30, on Khavskaya Street in southern Moscow, a pensioner was hit by a chunk of ice that fell from the roof of a building while workers from «Zhilishchnik» were cleaning it. The prefecture of the Southern Administrative District reported that the 65-year-old woman, walking past the house, ignored safety measures and did not pay attention to warnings.
According to local residents, the courtyard, like the roof, was neglected by the management company. One of the residents of the building said that icicles hung from the roof down to the eighth floor.
Lawyer Klim Likhachev from the dispute resolution practice explained in a conversation with MSK1.RU that the management company is responsible for clearing snow from the roof of the building, in this case — «Zhilishchnik Danilovsky District».
«It is precisely responsible for the timely cleaning of the roof, especially when snow and ice overhang from it, and during cleaning additional measures must be provided: prior notification of residents and car owners, placement of restrictive tapes and supervising personnel around the perimeter of the cleaning area,» — Klim Likhachev told MSK1.RU.
Whether the workers complied with safety measures is to be determined by the investigative authorities and employees of the Simonovskaya Interdistrict Prosecutor«s Office. According to Klim Likhachev, the work should have been stopped until the woman passed.
«Some blame the deceased, allegedly she ignored the warning about roof cleaning and essentially walked under the ice being knocked down. The workers should have stopped cleaning and communicated the command »stop« via means of communication upon detecting a passerby within the work perimeter,» — added the lawyer.
The Investigative Committee has initiated a criminal case under Art. 238 of the Criminal Code of the Russian Federation (Performing work or providing services that do not meet safety requirements). The maximum penalty under it — six years of imprisonment.
«Now, the investigative authorities must interview the director of the management company, witnesses — residents, workers, and passersby, and obtain recordings from dashcams and intercoms to establish all circumstances. The victims will be recognized as the relatives of the deceased, who can demand compensation from the guilty parties,» — explained Klim Likhachev in a conversation with MSK1.RU.
Earlier, a chunk of ice almost killed an infant in a residential complex in southeastern Moscow. A piece of ice broke off from about the 20th floor and fell right into a stroller with a small child. The incident was caught on video.
