2 thoughts on “What are the responsibilities of a child's accidental death?”
Jill
In these cases, most of their parents have been sentenced to 70 % responsibility because they have not fulfilled their responsibility. The judge reminded that the child's danger does not necessarily come from the outside, and the care and negligence of parents may also cause tragedy.
Cases 1
5 -year -old boy played, drowning elevator wells
5 -year -old boy Xiaoyi (pseudonym) went out to play alone, unfortunately drowned at the construction site In the elevator well. In this way, who is responsible for the accidental death of children? Recently, the People's Court of Haicang District made a judgment on such a case.
On September 6, 2015, Xiaoyi went out to play alone after lunch. A few hours later, Xiao Yi hadn't returned yet. Mr. Tong and his wife couldn't find the child everywhere, so he had to call the police for help.
In the end, the police found Xiaoyi in a water elevator well under construction site, and the child had no breath.
Peofedians, Mr. Tong and his wife believes that Mr. Chen, the owner of the elevator well, should bear the main responsibility of the accident. After investigation, the elevator well was dug by the homeowner Mr. Chen when he built a house, about one meter deep. Before the accident, the typhoon was happened. The elevator well was full of water. The homeowner put a few wooden strips on it, and did not take other protective measures.
The Mr. Tong believes that if the owner puts the elevator's manhole tightly, Xiao Yi will not fall into the water to drown. Therefore, they sued the owner to the court, asking him to bear the liability for infringement compensation and paid a total of more than 850,000 yuan in compensation.
The judgment
The liability for not being fulfilled, parents should be responsible for 70 %
The first is the guardian's monitoring and negligence, and the second is the safety protection omissions at the construction site.
The judge pointed out that protecting Xiaoyi's life safety belongs to the legal monitoring responsibility of Mr. Tong and his wife. But before the accident, Xiao Yi lost alone, obviously his parents did not fulfill their duties.
of course, Mr. Chen dug the elevator well in the place where people come and go, and did not take protection measures, and there were also faults. In the end, the court was settled by Xiaoyi's parents' responsibility for 70%, and the defendant Mr. Chen was responsible for 30%of the liability, that is, compensation for more than 130,000 yuan.
Cases 2
Irds are playing mahjong. The 8 -year -old boy falls
Dad is playing mahjong. Mom is sleeping for noon. When the two were negligent, their 8 -year -old son Xiaobei (pseudonym) fell down. Recently, the People's Court of Haicang District made a first trial judgment, determining that the Kobayashi couple assumed the main responsibility for the accident.
The couples of Kobayashi are migrant workers who live in the dormitory building rented by the unit. At noon on May 1 last year, his son Beckham and his partners played on the top floor, and Kobayashi also played mahjong with his colleagues.
In these cases, most of their parents have been sentenced to 70 % responsibility because they have not fulfilled their responsibility. The judge reminded that the child's danger does not necessarily come from the outside, and the care and negligence of parents may also cause tragedy.
Cases 1
5 -year -old boy played, drowning elevator wells
5 -year -old boy Xiaoyi (pseudonym) went out to play alone, unfortunately drowned at the construction site In the elevator well. In this way, who is responsible for the accidental death of children? Recently, the People's Court of Haicang District made a judgment on such a case.
On September 6, 2015, Xiaoyi went out to play alone after lunch. A few hours later, Xiao Yi hadn't returned yet. Mr. Tong and his wife couldn't find the child everywhere, so he had to call the police for help.
In the end, the police found Xiaoyi in a water elevator well under construction site, and the child had no breath.
Peofedians, Mr. Tong and his wife believes that Mr. Chen, the owner of the elevator well, should bear the main responsibility of the accident. After investigation, the elevator well was dug by the homeowner Mr. Chen when he built a house, about one meter deep. Before the accident, the typhoon was happened. The elevator well was full of water. The homeowner put a few wooden strips on it, and did not take other protective measures.
The Mr. Tong believes that if the owner puts the elevator's manhole tightly, Xiao Yi will not fall into the water to drown. Therefore, they sued the owner to the court, asking him to bear the liability for infringement compensation and paid a total of more than 850,000 yuan in compensation.
The judgment
The liability for not being fulfilled, parents should be responsible for 70 %
The first is the guardian's monitoring and negligence, and the second is the safety protection omissions at the construction site.
The judge pointed out that protecting Xiaoyi's life safety belongs to the legal monitoring responsibility of Mr. Tong and his wife. But before the accident, Xiao Yi lost alone, obviously his parents did not fulfill their duties.
of course, Mr. Chen dug the elevator well in the place where people come and go, and did not take protection measures, and there were also faults. In the end, the court was settled by Xiaoyi's parents' responsibility for 70%, and the defendant Mr. Chen was responsible for 30%of the liability, that is, compensation for more than 130,000 yuan.
Cases 2
Irds are playing mahjong. The 8 -year -old boy falls
Dad is playing mahjong. Mom is sleeping for noon. When the two were negligent, their 8 -year -old son Xiaobei (pseudonym) fell down. Recently, the People's Court of Haicang District made a first trial judgment, determining that the Kobayashi couple assumed the main responsibility for the accident.
The couples of Kobayashi are migrant workers who live in the dormitory building rented by the unit. At noon on May 1 last year, his son Beckham and his partners played on the top floor, and Kobayashi also played mahjong with his colleagues.
If the parents are due to the negligence of the child, the death of the child must be assumed.