The 2-year-old drowned and the 3-year-old playmate became the defendant

2022-05-18

Our news (Reporter Yu Jianhua correspondent Haiwei) a two-year-old child drowned while playing by the pond. His parents took his companion and the local village committee to court for compensation of more than 1.28 million yuan. Recently, the people's Court of Haining City, Zhejiang Province ruled on such a dispute over the right to life, body and health, and rejected the plaintiff's claim for compensation. In September 2018, Zhang and his wife from Anhui came to Haining with their newborn son Xiao Zhang to work and rent in a village in Xucun town. About 250 meters away from the rental house of Mr. and Mrs. Zhang, there is a naturally formed abandoned pond. The village road in the north of the pond is blocked by cement boards, bricks, sundries, etc., the fence is set in the west, there is a miscellaneous land between the road and the pond in the west, and there are civilian houses in the East and south, which has strong sealing. At about 9 a.m. on November 3, 2020, the neighbor's 3-year-old Xiao Huang and 2-year-old Xiao Zhang came to play around the abandoned pond. After a while, Xiao Huang found that Xiao Zhang was missing. He shouted and looked for it. Then he came to Zhang's residence and told Zhang that Xiao Zhang was missing. Zhang went out for two times and didn't find it nearby. Xiao Huang told her mother about it when she came home. Huang's mother took her to find Xiao Zhang without any results. At about 1 pm that day, Zhang's wife called the police. More than an hour later, the police found Xiao Zhang floating on the water in the northwest corner of the abandoned pond. Xiao Zhang died after 120 rescue. Afterwards, Zhang and his wife sued the village committee, Xiao Huang and his guardian in a paper petition, claiming a total of more than 1.28 million yuan for various losses. Zhang and his wife believe that Xiao Huang did not call for help in time after Xiao Zhang fell into the water. At the same time, the pond in the village belongs to a public place. As the manager of the pond, the village committee neglected to take safety measures for the pond, was unsupervised, and did not set up obvious warning signs, resulting in Xiao Zhang drowning. After hearing, the court held that in this case, the defendant Xiao Huang and the deceased Xiao Zhang went to play around the pond involved in the case, but there was no evidence that Xiao Huang saw the process of Xiao Zhang falling into the water. When Xiao Huang found that Xiao Zhang was missing, he called "little brother" and looked for it. After the search failed, he told Zhang and his wife that the "little brother" was missing. After returning home, he looked for it again with his mother. There is no evidence to prove that Xiao Huang has committed a tort, and he was less than 4 years old at the time of the incident. He is a person without civil capacity. The law does not stipulate that he has the obligation of active assistance, so his guardian should not be liable for compensation. The pond involved in the case is a natural abandoned pond, which is not a public place, so the defendant village committee does not undertake the obligation of safety and security. Secondly, the pond involved in the case is relatively closed. The water in the pond is muddy and dirty, which is not suitable for swimming and swimming. Ordinary people will not get close easily. Although the defendant's village committee does not have the obligation of safety and security, it has also taken safety measures to protect the pond involved in the case. Therefore, the village committee has no infringement and fault on Xiao Zhang's death and should not be liable for compensation. Zhang and his wife are sympathetic to the loss of their young son, but as Xiao Zhang's guardian, they should have a certain understanding of the environment and potential dangers near the rented house. However, in this case, Zhang and his wife failed to fulfill their responsibility for the education and supervision of their young son and allowed Xiao Zhang to play by the pond, bearing unshirkable responsibility for Xiao Zhang's death. Finally, the court held that there was no evidence in this case that the defendant Xiao Huang and the village committee had tort and fault on Xiao Zhang's death. The claims of the two plaintiffs lacked factual and legal basis and were not supported. During the trial, the defendant's village committee compensated Xiao Zhang's parents 20000 yuan for humanitarian reasons, which was approved by the court. (outlook new era)

Edit:sishi    Responsible editor:xingyong

Source:http://society.people.com.cn/n1/

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