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As for the sentence awarded $ 150,000, Li Hexian said he no idea, Speaking of her daughter, Li Hexian expression of grief, his face a few times wipe the sweat, p> swallow nearly 3 meters deep ditch life
young lives is to swallow Li Shuk Fan Tianyuan Road UGG Bailey Button Triplet Boots 1873, Yuen Kong Arima imported cars repair shop next to the gutter, the scene view, this drains less than 2 meters wide, but nearly 3 meters deep, the ditch north-south across the Tianyuan Road, water is not deep, but the water potential hurry.
Lihe Xian and his wife work in Jiangmen, that sentencing news, yesterday morning he would rush over, did not expect or late. Li Hexian said, after losing her daughter, the wife has been sick this year, so she did not come to hear sentence.
5 3 o'clock in the afternoon of 17, the Guangzhou Municipal Public Security Bureau Public Security Bureau of East River water station in the Tianhe District Tangxia Bay recovered from the body of a woman.
Tianhe District Water Authority also believes that the incident that night, under adverse weather conditions , Li Shuk Fan should be based on meteorological warning notice issued, to stay in a safe place, but its still out. According to a report called, was the direct walk in that treaty 20 cm wide cement railing that Li Shuk Fan series of inappropriate behavior put themselves in danger.
Tianhe District Water Authority failed to enhance security measures, not entirely adequate, and reasonable duty of care exists for the occurrence of some fault, should bear secondary responsibility. Water bear 30% of this to determine responsibility.
combination of on-site investigation and court testimony of witnesses and other evidence analysis ugg adirondack tall sale, concluded the case for the night of the accident: between the creek and the road there is a complete concrete pillars separated by open fence, in which the main road near the sidewalk red protection column 60 cm high, width 26 cm, extending to the west side of the high green fence 51 cm, width 14 cm (that is, the witness identified the victim Zhuihe place), but because of heavy rain caused surface water, including surface water and fence height of between about 10 cm, well-lit, can be distinguished on the ground with concrete pillars, the victim was standing on the cement pole accidentally fell into the creek back.
first trial
Focus
after the accident, Shu-Fen Li Li Hexian couple's parents to Tianhe district court alleged that the accident was due to the construction and management of the defendant did not set the river barrier, nor place any warning signs triggered, Tianhe District, Water for drainage system construction and maintenance, management flaws and the fact that the damage has a direct causal relationship, then their request for an order for compensation death compensation, alimony, and the spirit of solatium, a total of 113 million yuan. In this regard ugg boots clearance, Tianhe District Water Authority argued that its actions in the implementation of daily administration through no fault of them, to dismiss the plaintiff appeals.
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● Tianhe District Water Authority not entirely adequate duty of care, should bear secondary responsibility
Focus
Court found, May 14, 2010 in the evening to 15 morning, Guangzhou, the emergence of strong precipitation, heavy rain in most areas. Li Shuk Fan in the evening of 14 victims in the days of walking through the parking lot south of King Yue Yuen Road near the auto repair shop next to the drainage, the slip fall into the creek and drowned.
rainy night off the creek becomes Birthday memorial day
2010 May 14, at 7 pm UGG Bailey Button Triplet Sale, Guangzhou dump heavy rain led to serious water surface. Specifically to visit her boyfriend from Qingyuan to Guangzhou Tianhe Bus Station in the vicinity of Li Shuk Fan and get off, walk along the Tianyuan Road to Tianhe Bus Station, then mysteriously disappeared. Friends and relatives in their access to relevant surveillance video showed repair shop in the days Jubei Bay Road near the source suddenly disappeared, suggesting that it may fall into the creek.
court held that, as a victim Li Shuk Fan have full civil capacity of adults, their behavior is implemented there should be a predictable danger. In the night of the incident, meteorological department issued a yellow rainstorm warning signal, ordinary people will take temporary shelter, try to stay in safe areas of practice. But the victim was in such bad weather, in the creek between the fence and the road to walk on, so that accidentally fall into the creek drowned. According to the general understanding that the fence should fall into the creek to prevent pedestrian protection facilities, the victim was walking on the fence itself is at risk. Therefore, the victims themselves for their own death, there is a major fault, should bear the primary responsibility. Determine 70% of the victims bear this responsibility.
end, Tianhe District Tianhe District Water Authority's court ruling to pay the victims Li Shuk Fan parent material damages (including compensation for death, funeral expenses) amounted to 13.5 million yuan. In view of the incident leading to death of the victim, to the parents that the two plaintiffs enormous physical and mental trauma, combined with the specific circumstances of the incident, burden-sharing and other factors, the court ruling, Tianhe District, where appropriate, compensation for moral damages solatium Water 15,000 million.
view by the incident the next day, the day the source above the entrance road in the ditch with a cement and brick railing, but only 30 cm high. Do not say the evening of May 14 through water diffuse dangerous pedestrian railings, even a normal person falling may also be too easy to pass the ditch. After the authorities found that risk, in the brick railing high above the construction of a nearly 2-meter curved iron railings.
courtroom
Tianhe district court that Li Shuk Fan as a full capacity for civil conduct UGG Kensington Sale, standing on the fence should be aware of the potential harm on the consequences of their behavior and lead to its fall creek killed, it shall bear the main fault; and Water, Tianhe District, the fence is not enough to set specifications, did not set any warning signs, presence management oversight, so bear secondary responsibility. Eventually sentenced to three percent, Tianhe District Water Authority take responsibility to Li Shuk Fan death compensation and other family members paid a total of 13.5 million yuan, plus 15,000 yuan in emotional.
after the trial, Tianhe District Water Authority made no direct evidence that Li Shuk Fan from the plaintiff alleged that the incident occurred (Tianyuan Road repair shop Chebei Bay) fall, there is no evidence from tangxia Chung's body was found at the fall of the Bay from Jubei. It considers, Jubei Tangxia Chung Chung and 2 km away, both parallel to each other, pass each other, and tangxia Bay in Pearl River upstream, Li Shuk Fan's body against the current can not flow 2 km into the tangxia Bay.
storm out whether the fault
this regard, Li Shuk Fan's father Li Hexian pleaded, immediately after the court said they will appeal to lawyers,
5 20, Li Shuk Fan 20-year-old birthday, the police through DNA comparison confirmed the body of a woman that Li Shuk Fan. The family rushed to the police station, but that body has been cremated, his parents and boyfriend are not able to meet their one last time.
the Tianhe District Water Authority as government departments, on the creek and the creek within the planning area within the red line of the road drainage and other ancillary facilities management and maintenance responsibility obligations. Someone's height and width of the fence, the alarm function failed to highlight in heavy rain, so that victims living in the prevailing circumstances of luck, walking in the fence.
silent father Lee said after the court hearing to appeal sentence
In addition, without any warning signs warning passers-by where there are rivers, pay attention to risk. The creek and the site of the incident in the city, near the main road, busy roads are traffic, pedestrians, usually more, as the creek's manager should be a corresponding increase in duty of care. After the accident, the defendant in the fence on the addition of iron railings, also shows that there is in fact such risks can be controlled.
this court held that, according to the Water Branch of the Guangzhou Municipal Public Security Bureau issued medical certificate of death, and from the Tianhe District, Guangzhou City Public Security Bureau, Branch of Yuen Kong Street police station and obtained surveillance video and other evidence can be identified, victims man Li Shuk Fan Tianyuan Road through the night beside the car repair shop accidentally fall into the creek drainage is a fact. As for the idea of Tianhe District, Water is just a guess, so inadmissible.
that the Water Authority to take full responsibility
Li Hexian insisted that the water sector can not shirk its responsibility, . He said at the time of flooding to the knee, ordinary people will want to stand a little shallow areas, deep water in it is difficult to stabilize. At that time, both sides are water barrier was so short, that warning signs are not beyond the scope of ordinary people can judge.
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whether Jubei Chung fall
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rainstorm hit the city in the evening, the girls carefully in the water swept over the knee walking the streets, she a reel from the exposed tip on one of the fence, into rivers disappear in an instant ... This happened in May last year, Guangzhou flooding incidents in the most painful scene, unfortunately, only 20 years old die of Li Shuk Fan. Later, the deceased parents sued the Tianhe District Water Authority, that the existence of management mistakes led to her daughter died, claims 113 million yuan. After nearly a year of hearing the case yesterday afternoon, in Guangzhou Tianhe district court verdicts.
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