Two children drown the perishing same lake compensation result different basis for the security duty

Chinanews Ningbo, January 25 – (by He Jiangyong) recently, Zhejiang Ningbo Zhenhai District people’s court was drowned the dying case to make the entirely different decision to two successively: Two children fall into same artificial lake to be drown to death successively, but victim’s parents have obtained the compensation, but other victim’s parents have not actually obtained the compensation. Originally, whether the judgment obtains the compensation the key to lie in the supervisor in artificial lake whether completely arrives at the reasonable limit the safety control duty.

On February 6, 2009 afternoon, built up in China Petrochemical Shareholding Company Limited Zhenhai decomposes in a company factory district artificial bund to have several children to play, a child fell into the lake carelessly. Several same places played the little friend to see that exudes the praying for rescue sound hurriedly, after several passers-by hear the yawp, plunges into the lake to search and rescue furiously, but because the lake water is excessively deep, in addition the weather is cold, rescues seeks unsuccessful. Latter salvages after the specialists, this child is bailed out the water surface, but, it already was unfortunately drowned dead.

It is known that being drowned is came from Anhui Mr. and Mrs. Zhang the son. Mr. and Mrs. Zhang manage a shop in Ningbo, two people usually for the livelihood, look after to the child extremely few. Mr. and Mrs. Zhang after losing the beloved son, take being negligent to manage the artificial lake as by to build up to decompose China Petrochemical Shareholding Company Limited Zhenhai the company to consider the court, requested to compensate the death indemnity, funeral expenses, wage loss and mental damage comforts the gold total 430,000 Yuan. After this accident happened, China Petrochemical Shareholding Company Limited Zhenhai built up decomposes the company rapid to establish the caution sign and Canada in the bund has encircled the wooden parapet.

Not come singly but in pairs, this document has not settled, the tragedy occurred once more. On September 19, 2009 about 12:50, came Ningbo to work Sichuan Mr. and Mrs. Wu a 6-year-old son alone person when this artificial bund played, lost footing to crash into the lake carelessly, because when it happened nobody safeguarded, the child of multi-Wu was drowned dead until that afternoon to emerge the water surface for a while, by the passing pedestrian was discovered that reported to the police.

After it happened, Mr. and Mrs. Wu and China Petrochemical Shareholding Company Limited Zhenhai builds up decomposes the company to compensate the matters concerned to consult repeatedly unsuccessful, but sued to the court requests to compensate the death indemnity, funeral expenses, wage loss and mental damage comforts the gold total 170,000 Yuan.

The court tries to believe that Mr. and Mrs. Zhang as the child’s of Zhang legal guardian, completely have not arrived at the guardianship responsibility, caused his son to be drowned dead, should shoulder the primary responsibility. China Petrochemical Shareholding Company Limited Zhenhai builds up decomposes the company to have the management duty to the artificial lake, although has taken certain security caution measure, but the security measure does not arrive, should take the secondary responsibility to the death of child of Zhang. According to the above, court decision China Petrochemical Shareholding Company Limited Zhenhai builds up decomposes the company to compensate Mr. and Mrs. Zhang to lose total 55048.6 Yuan.

However, after the first accident happened, China Petrochemical Shareholding Company Limited Zhenhai builds up decomposes the company to take the security caution measure rapidly, completely arrived in the reasonable limit safety control duty. The child of Wu falls in the water reason which died to lie in Mr. and Mrs. Wu to be negligent in the fulfillment guardianship responsibility, therefore the court decision rejects Mr. and Mrs. Wu’s lawsuit request. (End)

(This article originates: China News)