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a female worker during pregnancy, due to plant noise pollution, resulting in his son suffering from congenital deafness. To this end, the workers and the son of the company to court, require the company to compensate for the resulting economic losses. March 23, Dengfeng City People's Court for the first time this cause of environmental noise pollution caused by the special verdict infringement, defendant was ordered to Dengfeng City, a ceramics company to compensate the plaintiff mother and the loss of a total of 28 million yuan.
□ reporter Han Jingwei
Korean interns for the government
excessive noise reasons the company, workers Health and congenital deaf
originally Miss Wang Dengfeng City, a ceramics company, one shop worker. Early last year, during her pregnancy, due to mechanical rotation unbearable workshop issued harsh roar,
vibram five fingers discount, then the Birth until the eve of Miss Wang, the company only to its swap jobs.
son was born, Miss Wang found that his hearing there are serious obstacles to their own expense so he took his son to Beijing Tongren Hospital, PLA General Hospital, but her condition has not improved. Forensic post by: Miss Wang son's condition as congenital deafness.
According to the local environmental protection department of Dengfeng City, a ceramics workshop environment, the company's test results,
Vibram Barefoot, the noise of the workshop sub-Beida 93.4, exceeding the noise standards set by the state.
shirk responsibility for the company litigation, prosecution by the 28 million compensation
Miss Wang believes that his son suffered from congenital deafness, the Department of the workshop where the company caused serious pollution of noise, the company should be this liability. Miss Wang also negotiate in no fruit, then collaborative son, that company to court.
court, after hearing that environmental noise pollution infringement disputes as a special case, applicable burden of proof. Modern medicine has proved that pregnant women exposed to high noise working environment can affect fetal hearing development. Noise beyond the defendant plant state standards, the law neither exemptions to provide evidence, there is no evidence denied the plaintiff's injury and its causal relationship exists between acts, it should be liable for damages according to law, then law made the decision.
argument in favor of special provisions for the victim to open the door
for the case, Dengfeng City People's Court Juvenile Court President, said Wang Taiping, noise pollution is not an ordinary cause damage violations, a Thus the law made special provision for this:
① environmental pollution case for the principle of liability without fault, that as long as there is damage, regardless of whether the damage caused by a fault, should be liable for damages.
② longer applicable statute of limitations. General limitation period of two years, while the environmental pollution case to extend the statute of limitations is three years.
③ applicable burden of proof. Environmental pollution due to an action for damages caused by the offender to law exemptions and behavior and the damage there is no causal relationship between the results of the burden of proof. These special provisions in favor of the victims rights to open the door.
clues provided Guoxiao Sheng Yong
Glossary
noise pollution
some sounds at certain times, certain places that people no, it interferes with people's normal life and learning, such as the voice of the people do not need the noise.
From a physical point of view, noise is the sound intensity of various frequency and disorderly combination of sounds. From the viewpoint of physiology and psychology, that unpleasant, annoying and harmful to human health voice for the noise.
any damage
indoor noise level allowed
35 decibels
in accordance with the relevant provisions of the interior noise level should generally be allowed 35 db.
information: Long-term pregnant women in more than 50 db of noise environment, will make the endocrine gland function disorders, and mental stress and the endocrine system disorders. Cause severe high blood pressure, fetal hypoxia ischemia,
snow boots, causes birth defects or miscarriage. The high-decibel noise can damage the hearing organs of the fetus, resulting in some areas affected, especially the development of the brain, leading to children's mental retardation.
to rights
distinguish the source of noise
complaints to the environmental protection department
or call 110
daily life Members of the public if it is determined that industrial noise, construction noise, complaints to the environmental protection departments,
Asics gel nimbus shoes, and if the noise of home entertainment (such as playing mahjong), the store opened the noise loudspeakers and so on, should call 110, because the public security department is responsible for noise management of social life. (Editor: SN005)