An iron ball from the sky smashes the baby girl and the entire building pays 3000 yuan per household
Four years ago, on Youfang Street, Suining, Sichuan, when a mother was pushing a baby under one year old for a walk, a fitness iron ball fell from the sky and hit the child, resulting in death.
After the police investigation and various parties failed to find the perpetrator, the parents of the child brought the entire building to the court.
On September 5, the Chengdu Commercial Daily-Red Star News reporter learned that recently, the Suining Chuanshan District Court posted a notice outside the building where the incident occurred, serving the notice to the owners or house users who did not receive the judgment, and the whole building was judged. (Except for the fact that no one lives in the house) Each household will be compensated 3000 yuan.
Event /
past
Daughter under one year old was killed by an iron ball
At around 11 o'clock on November 11, 2016, Suining Ms. Li used a stroller to push her daughter Yanyan (a pseudonym), who was under one year old, to go home. When she passed a sidewalk on Suining Youfang Street, suddenly something fell from the sky and just fell on the baby. Inside the car.
After recovering, Ms. Li hurriedly checked her daughter's smashed condition and found that Yanyan's face was bloody, she had lost consciousness, had no crying, and was unconscious. Next to her, a child's fist-sized iron ball was still in the stroller.
Later, Yanyan was sent to Suining Central Hospital for treatment. However, at 8 o'clock that evening, Yanyan passed away due to ineffective rescue.
Mr. Zhou once told the Chengdu Commercial Daily-Red Star News that in 2016, he was 44 years old and his wife Ms. Li was 41 years old. The two married in 2004 and have had no children since their marriage.
After more than 10 years of seeking medical treatment, his wife finally gave birth to her daughter Yanyan on November 18, 2015. That is to say, there are 7 days before Yanyan’s birthday.
After the incident, Mr. Zhou's family repeatedly looked for where the iron ball fell from, and they also begged the insiders to inform the clues, hoping to find the owner of the iron ball and give the child an explanation.
Suining police also issued a report confirming that: at 11:08 on November 11, the Zhenjiang Temple Police Station of Chuanshan Branch of the Public Security Bureau of Suining received an order from the 110 Command Center: One fell from a residential building next to Junlilai Department Store on Youfang Street, Chuanshan District. The fitness iron ball hit the baby in the stroller pushed by the pedestrian passing by downstairs.
At 11:13, the local police arrived at the scene and found an iron ball hit the head of a baby girl. The injury was very serious. The police immediately drove the police car and the injured family to send the injured girl to Suining Central Hospital for rescue.
Due to ineffective rescue, the baby girl and unfortunately passed away at about 20 o'clock in the evening on the 11th.
The reporter was informed that after the incident, the police set up an investigation team to intervene in the investigation.
The police collected surveillance videos near the incident site and investigated the households on the 2nd-8th floors of the incident site (a residential building in Ziwei Community, Youfang Street) one by one.
The identity information of 16 people in 7 households was verified, interview transcripts were made, fingerprints and DNA were extracted, technical comparison work was carried out, and the alibi of other non-home residents was verified.
Since they have not found who threw the iron ball, Mr. and Mrs. Zhou took all the owners of the building to court, claiming a loss of more than 790,000 yuan.
On August 24, 2020, the People's Court of Chuanshan District, Suining posted a notice in front of the building, and served the notice to the owners or house users who did not receive the judgment.
status quo
Haven't received the compensation
Individual owners have appealed
On the evening of September 5th, the reporter contacted Mr. Last Zhou by phone. He was now working in Santai County, Mianyang.
He was pleased with the court's first instance judgment. In his opinion, he finally gave the child an explanation.
"After the first child is smashed and passed away, the wife will always be in love with the scene, so he is dealing with many things about the child. Later, he was pregnant with another child and gave birth to the son in August 2017. Our focus is on With the child now, the wife is also a little better." Mr. Zhou said.
Mr. Zhou introduced that after the child was born, he did not give up seeking justice for the dead child, so he hired a lawyer to sue the court.
After the first-instance judgment of the court, a total of 121 owners received a compensation of 3,000 yuan per household.
"Finally give the child an explanation!" Mr. Zhou said that at present, the judgment is still in the appeal period. He has not yet received the money, and some owners have also appealed.
Dispute /
According to the judgment, the court believed that there were three main disputes in this case.
Controversy one
The possible scope of the perpetrators in this case?
The court ruling stated that since Ziweiyuan Community is an open community and the fire door leading to the roof of the building is not locked, building owners or outsiders may throw iron balls through the roof of Unit 1 Unit 1 and Unit 4 Unit 2 It is possible to throw an iron ball through the windowsill of Unit 1 Unit 1 and Unit 4 Unit 2 on the 2nd floor. The latter is more likely, but neither can be completely ruled out.
Therefore, all owners of the building, including the operators on the ground floor facade, may become the perpetrators of the infringement.
Some owners argued that the house was not facing the street, there was no iron ball at home, and the house was far away from the site of the incident.
At the same time, 4 households confirmed that no one lives in their home after investigation by the police, and they are not responsible.
Controversy two
Subject to bear the responsibility?
Since there is only one person who committed the infringement, that is, only one person may have committed the infringement in this case. From the perspective of fairness, it is more fair to share the losses with the victim on a household basis.
This is an accidental incident of human injury caused by negligence. It only distinguishes whether there is possibility, not the size of possibility.
Therefore, the court did not distinguish the possibility of throwing iron balls between the owners of the community and the storefront operators.
Regarding the application of law, the “disputes over liability for damage from unidentified thrown objects and falling objects” stipulated in Article 87 of the Tort Liability Law apply the principle of presumption of fault, that is, as long as the owner or the user of the house cannot prove that he is not at fault, he is presumed to be at fault .
From the perspective of protecting the victims, although only one person has committed the infringement, the law protects the weak, balances the interests of all parties, and allows all those who may commit the infringement to share the losses. This can achieve the purpose of comforting the victims, as well as warning and warning. Punish and educate those who violate the law so that citizens can act within the scope of safety, rules, and order, and demonstrate social fairness and justice.
Controversy three
How to compensate the victims for their losses?
The court stated in the judgment that the plaintiff claimed that the loss claimed by the plaintiff was RMB 792,488.48. Since Article 87 of the Tort Liability Law applies the principle of compensation, this court shall comprehensively consider the following factors to determine: the number of owners or house users who will bear the compensation, the average household share, Taking into account the ability to compensate, the court finally determined that each household should be compensated 3000 yuan.