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No. 2 of Six Model Cases of Civil Disputes over Elderly Care Services Published by the Supreme People's Court: An elderly care institution failing to conduct elderly-oriented modification and having caused damage to the elderly shall assume corresponding liability—Ma [REDACTED] [REDACTED] v. [REDACTED] Elderly Care Center (case of disputes over liability of operators and managers of business premises and public places)
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最高人民法院发布六起涉养老服务民事纠纷典型案例之二：马某某诉某养老中心经营场所、公共场所的经营者、管理者责任纠纷案——养老机构未进行适老化改造造成老年人损害，应承担相应的责任
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【法宝引证码】
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| No. 2 of Six Model Cases of Civil Disputes over Elderly Care Services Published by the Supreme People's Court: An elderly care institution failing to conduct elderly-oriented modification and having caused damage to the elderly shall assume corresponding liability—Ma [REDACTED] [REDACTED] v. [REDACTED] Elderly Care Center (case of disputes over liability of operators and managers of business premises and public places) | | 最高人民法院发布六起涉养老服务民事纠纷典型案例之二：马某某诉某养老中心经营场所、公共场所的经营者、管理者责任纠纷案——养老机构未进行适老化改造造成老年人损害，应承担相应的责任 |
| Basic Facts | | 基本案情 |
| When Ma [REDACTED] [REDACTED] moved into [REDACTED] Elderly Care Center, [REDACTED] Elderly Care Center assessed his physical condition, and the score of “walking on flat ground” was 10 points /15 points. The Morse Fall Assessment Scale indicated that Ma [REDACTED] [REDACTED] had no fall record in the most recent three months, which was assessed as “low risk and standard fall prevention measures.” | | 马某某入住某养老中心时，某养老中心对其进行了身体状况评估，“行走于平地”一项得分为10分/15分。《莫尔斯跌倒评估量表》载明马某某近三个月内无跌倒记录，评估为“低度危险 标准防止跌倒措施”。 |
| One day, Ma [REDACTED] [REDACTED] fell on the way to the bathroom in [REDACTED] Elderly Care Center and caused a fracture, which healed after hospitalization. According to the video materials, there was a manhole cover in the courtyard of the elderly care center, which was directly opposite to the entrance and exit of the gate, and the manhole cover and its lower edge were obviously several centimeters higher than the surrounding ground and were on the daily road. Ma [REDACTED] [REDACTED] claimed that his injury was caused by tripping over by a manhole cover, and instituted an action, requesting [REDACTED] Elderly Care Center to assume compensation liability. | | 某日，马某某在某养老中心内通往卫生间的路上跌倒致骨折，经住院治疗后愈合。视频资料显示，该养老中心院内有一井盖，位置正对大门进出口，井盖及其下沿明显高于周边地面数公分，且处于日常通行道路上。马某某主张其系被井盖绊倒致受伤，起诉要求某养老中心承担赔偿责任。 |
| ．．．．．． | | ．．．．．． |
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