Dispatch of legal evening paper (reporter Tang Lihan) a few children play the game that starts withered tree inside the park, the match runs quickly after whose let go, year only Rui Rui of 8 years old (alias) slow at someone else, in be being broken unfortunately, die.
3 when Rui Rui's parents thinks to raise a tree together little boys and the village that matter with the park appoint center of engineering of government of meeting, town, gardens is responsible, then will 6 all appeal to to the court, the requirement compensates for dead compensation to wait for more than yuan 840 thousand jointly.
The reporter understands, go in for sth in a large scale the guardian that forensic first instance sentences 3 boys in your incident is carried duty 15% , each compensate for more than yuan 70 thousand, government of red door guard is carried on the west duty 40% , compensate for nearly 200 thousand yuan.
Details of a case and young associate make game 8 years old male child in be being broken by withered tree, die
Liu Mou and wife native place are in Xing stage city, two people work for a long time in Beijing, after was delivered of Rui Rui 2007, live his belt beside all the time.
On October 18, 2015 towards evening, rui Rui and a few young associate arrive go in for sth in a large scale Ou Xigong door presses down amuse oneself of garden of the Xiaogong inside some village. A 34 meters long withered tree inside small park caused the attention of children, somebody offers, "Raise the tree will play. "Raise the tree will play..
4 little boys raised the tree together rise, raise certain height, children are a little tired, a child says, "Our let go, who to see run quickly! " other let go of 3 little boys ran away, rui Rui is broken by flat withered tree however medium head, rescue is invalid die.
Rui Rui's parents is painful unceasingly, find the village to beg view, the village says the park hired Xi Gong door to press down a government, they hear town government entrusts the park Beijing again later management of center of some gardens engineering.
Accordingly, rui Rui's parents tells 3 in incident little boys and their father and mother to the court, and government of villager committee, town, Beijing center of some gardens engineering labels this record corespondent, ask for dead compensation, funeral expenses to wait add up to more than yuan 840 thousand.
In be bungled male child withered tree family member offers a plan
The accused of front courtyard careful all is denied have duty controller says accident department child is caused
On the court, liu Mou admits he also has certain unpremeditated crime as guardian, be willing to assume the responsibility of 30% , 6 the accused keep this record in the responsibility such as the neglect on management, nonfeasance, answer to assume the responsibility of 70% jointly.
6 the accused all think he do not have liability to pay compensation. The lawyer of little boy of 3 the accused expresses, bilateral behavior accords with the activity that with its age photograph gets used to, rui Rui regards as 8 years old the child, it is not to have person of civil action competence, the happening of incident is the neglect as a result of its guardian, and accuser all just is the person that work, the compensation that ask for is exorbitant.
Village appoint can state park land has been hired went out, gave town government. Gardens center expresses, town government did not entrust gardens center to undertake administrative.
Town government thinks the management of Rui Rui's death and park just is done not have any causal, accuser just cannot prove tree is park management, because of the park east side has the school to be being built in construction at that time. According to a few children note, proving tree is pulled from inside park brushwood, go to a park east side move. If not be these a few children,pull tree, arboreous itself won't be right harm is caused in the child of park amuse oneself.
Adjudicative guardian is carried each duty 15% towns government is carried duty 40%
The court thinks, without person of civil action competence, limitation man-made of civil action competence damages into other, assume tort responsibility by guardian. Guardian all goes to those who guard responsibility, can reduce its tort liability.
The happening that has tort event originally fastens the dangerous behavior be caused by that 4 people carry out jointly, the basis finds out a fact, the child is without person of civil action competence or person of limitative conduct competence, its ought to have guardian when amuse oneself or grown family member attends to beside, but the guardian when the accident and grown family member all are absent, when bringing about dangerous behavior to happen, nobody check, the reason happening to this incident, the tutelar average per capita of 4 people is responsible, part of one's job carries corresponding loss.
Government of red door guard regards the accused as the builder that produces incident park and administrative person on the west, to public facilities guard, protection and discovery are put in safe hidden trouble to have the maintenance, obligation that clear in time, should deploy proper personnel to walk on responsibility of be merciful management, discover danger checks in time, when discovering the risk that has allure to minor especially, must fulfill highest safety to guarantee obligation. Because its use up afore-mentioned safety not completely to guarantee obligation, bring about those who damage a result to happen, to this existence fault, the agree carries corresponding additional liability to pay compensation.
Integrated each square fault degree, the court thinks the guardian of 4 boys assumes the responsibility of 15% each, red door presses down a government to assume the responsibility of 40% on the west.
Accordingly, the court rules the guardian that makes 3 companions in incident compensates for more than yuan 70 thousand each, government of red door guard is carried on the west duty compensate for nearly 200 thousand yuan, reject the other suit request of accuser. Civil / reporter Tang Lihan
