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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 exposed one from a reel on the tip of the fence, falling into the creek in an instant disappeared ... This is in Guangzhou flooding incidents in May last year the most painful scene, of Li Shuk Fan, unfortunately only 20 years old die. Later, the deceased parents sued the Tianhe District Water Authority,ken griffey jr shoes 2011, that the existence of management mistakes led to his daughter died, claims 113 million yuan. After nearly a year of hearing the case yesterday afternoon, in the Guangzhou Tianhe district court verdicts.
after the accident, LI Shu-fen Li Hexian couple's parents to the Tianhe District Court alleged that the accident was due to the construction and management of the river the defendant did not set the fence and did not place any warning signs triggered, Tianhe District, Water Authority construction and maintenance of drainage systems, management flaws and the fact that the damage has a direct causal relationship, then compensation for the death of its request for an order compensation, alimony, and the spirit of solatium, a total of 113 million yuan. In this regard, Tianhe District, Water Authority argued that its actions in the implementation of the daily administration through no fault of them, to dismiss the plaintiff appeals.
Court has examined, 14 May 2010 to 15 on the morning of the evening, Guangzhou appear heavy 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 Repair Factory near the car next to the drainage, the slip into the creek and drowned. Prior to trial, Tianhe District, Water Authority made no direct evidence from the plaintiff complained of Li Shuk Fan site of the incident (Tianyuan Road Repair Factory Chebei Bay) will fall, there is no evidence that the remains found from Tangxia Bay from Chebei Chung at the falling. The view that Jubei Tangxia Chung Chung and 2 km away, the two parallel,Adidas F30.8 I TRX FG, mutually unintelligible, and in the Pearl River Tangxia Bay upstream, Li Shuk Fan's body can not be against the current flow 2 km into the Tangxia Bay.
this court held that, according to the Water Branch of Guangzhou Public Security Bureau issued medical certificate of death, and from the Tianhe District, Guangzhou Public Security Bureau Branch Yuan Kong Street Police Station and obtained surveillance video and other evidence to identify the victim through the night Li Shuk Fan Tianyuan Road Auto Repair Factory next to the drainage channels and accidentally fall into the creek is a fact. As for the idea of ​​Tianhe District, Water Authority is only a guess, so inadmissible.
combination of on-site investigation and court testimony of witnesses and other evidence analysis, concluded the night of the accident scenario is: there is a creek between the road complete with concrete fence separated by open column,Residential buildings were burned by lightning caused 27 electrical ( Figure ), which is close to major road sidewalk red fence 60 cm high ,Soccer Cleats, width 26 cm, extending to the west side of the green fence high 51 cm, width 14 cm (that is, the witness identified the victim Zhuihe place), but because of heavy rain led to surface water,nike air griffey, including surface water and the barrier height between about 10 cm, well-lit, can be distinguished on the ground with concrete pillars,nike griffey fury 2012, the victim was standing on the cement column accidentally fall into the creek back.
Tianhe District Water Authority also believes that the night of the incident case of bad weather, Li Shuk Fan should Meteorological Observatory issued a warning notice, try to stay in a safe place, but its still out. According to the report claimed, was the direct walk in that treaty 20 cm wide concrete railing that Li Shuk Fan series of inappropriate actions put themselves in danger.
court held that the victim Li Shuk Fan as a full civil capacity of adults, their behavior is implemented there should be a predictable danger. In the night of the incident,Soccer Shoes, 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 fence between the creek and walking on the road,居民楼遭雷击致27户电器被烧(图), which 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 at risk. So the victim for his own death, there is a serious fault, should bear the primary responsibility. 70% of this determination to bear the responsibility of the victim.
the Tianhe District Water Authority,Nike Tiempo Soccer Cleats, as government departments, on the creek and the creek within the planning area within the red line of road drainage and other ancillary facilities management and maintenance responsibility obligations. Someone's fence height and width, its warning function in the heavy rain failed to highlight, so living in the prevailing circumstances of the victims of luck, go on the fence. In addition, the absence of any warning signs warning passers-by where there are rivers, pay attention to danger. And the incident of the creek 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 indeed such risks can be controlled.
Tianhe District Water Authority failed to strengthen security measures,Adidas Predator X TRX FG, not entirely adequate, and reasonable duty of care, the occurrence of the accident there is a certain fault, should bear secondary responsibility. 30% to determine the Water Authority take on this responsibility. Ultimately,Nike Mercurial, Tianhe District, Tianhe District, Water Authority's court ruling to pay the victims Li Shuk Fan parent material losses (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 a huge physical and mental trauma, combined with the specific circumstances of the incident, responsibility-sharing and other factors, the discretion of the court ruling, Tianhe District, Water Authority compensation for moral damages solatium 15,000 dollars.
Express News yesterday afternoon, pronounced halfway through, the victim Li Shuk Fan's father was rushed to the scene to listen Li Hexian sentence. After the verdict, a judge asked if the appeal,Nike Mercurial Vapors, Li Hexian has been silent. Until a court, under questioning by reporters, Li Hexian had to say that the verdict was not satisfied,Adidas Adipure TRX FG, they will appeal. Lihe Xian and his wife work in Jiangmen, that sentencing the news,Nike Mercurial Vapor VI, he would rush over yesterday morning, did not expect or late. Li Hexian said,kids griffeys, after losing her daughter, the wife has been sick this year, so she did not have to listen to sentence.
Li Hexian insisted that the water sector can not shirk its responsibility,nike air max griffeys 1, He said at the time of flooding to the knee, ordinary people will want to stand a little shallow place in such deep water is difficult to stabilize. At that time,Nike CTR360 Maestri II Elite, both sides are water, fence was so low, that warning signs are not beyond the scope of ordinary people to judge.
As sentenced 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,