China News Service, December 2 According to news from the Supreme Law website on the 2nd, the Supreme People’s Court and the China Disabled Persons’ Federation jointly issued ten typical cases of protecting the rights and interests of persons with disabilities.
details as follows:
Case number one
Wang Mouhong v. Wang Mouhua succession dispute case
(1) Basic case
Wang Mouhong is a licensed mentally disabled person with a disability level of two. After verification by the local Civil Affairs Bureau, he complies with the relevant provisions of the rural residents' minimum living security policy and enjoys the minimum living security.
Wang Moufu is the father of Wang Mouhong, and Wang Mouhua is the adopted son of Wang Moufu.
In 1988, Wang Moufu renovated and rebuilt the house where Wang Mouhua and Wang Mouhong lived together.
In 1996, part of the houses were destroyed by floods, Wang Mouhua rebuilt the cowshed and other attached houses; later he built a kitchen and a bathroom, and repaired the house.
After Wang Moufu's death, in 2019, the house involved in the case was included in the scope of demolition. Wang Mouhua and the XX People’s Government signed the "House Demolition and Resettlement Compensation Agreement", agreeing to include the main house, attached houses, simple houses, and appendages. The total demolition compensation price was 490286.7 yuan, which Wang Mouhua actually received.
Wang Mouhong recognized that some of the houses were built by Wang Mouhua, and the remaining amount after deducting the corresponding compensation amount was 314,168 yuan.
Wang Mouhong sued and asked Wang Mouhua to return 230,000 yuan.
(2) Judgment results
The People’s Court of Ningguo City, Anhui Province, after trial, held that Wang Mouhua, as an adopted son, supported Wang Moufu and assumed Wang Moufu’s funeral.
Wang Mouhong enjoys subsistence allowances and has a difficult life, so she should also be taken care of when distributing the inheritance.
Considering the actual situation of the construction and management of the houses and some ancillary facilities involved, as well as the support of Wang Moufu by the heir, the property share of Wang Mouhong's inheritance is determined to be 30%, which is RMB 94,250 (RMB 314,168 × 30%).
Then it was judged that Wang Mouhua should pay Wang Mouhong 94250 yuan.
The Intermediate People's Court of Xuancheng City, Anhui Province, after trial, held that Wang Mouhong was an intellectually disabled person, and his family was a special family enjoying a minimum living guarantee.
Pursuant to the provisions of Article 13 Paragraph 2 of the Inheritance Law concerning "Heirs who have special difficulties in life and lack of labor capacity shall be taken care of when distributing the inheritance", the people's court shall give Wang Mouhong special care when determining the inheritance share of the inheritance. And tilt protection.
Wang Mouhua should pay Wang Mouhong 157084 yuan (314168 yuan×50%) for demolition compensation.
The judgment of the first instance was revoked and Wang Mouhua was sentenced to 157084 yuan for Wang Mouhong’s demolition compensation.
(3) Typical meaning
Normally, all legal heirs in the same order have the same or similar conditions in terms of living conditions, working ability, and maintenance obligations to the decedent, the inheritance shares are equal.
The court of first instance determined that Wang Mouhua performed more maintenance obligations to the deceased and made a greater contribution to the inheritance, and then determined that he was entitled to inherit 70% of the inheritance.
From the legal perspective, it seems that there is nothing wrong.
However, the inheritance law also stipulates that heirs who have special difficulties in life and lack the ability to work shall be taken care of when the inheritance is distributed.
In this case, Wang Mouhong and his spouse are both physically disabled, and their family enjoys a minimum living allowance after being reviewed by the District Civil Affairs Bureau.
Wang Mouhong has special difficulties in life, which complies with the provisions of the inheritance law on taking care of special groups of people who have difficulties in the distribution of inheritance.
In view of this, the second-instance court adjusted the proportion of the inheritance distribution from the perspective of taking care of Wang's life needs and based on the judgment of the first instance in the distribution of the inheritance.
Case two
Liu XX v. A landscape engineering company, Li XX, a dispute over the right to name
(1) Basic case
Liu Moumou is a multi-disabled person with first-level listening and first-level speech, and enjoys the five guarantees in rural areas.
In 2018, a landscape engineering company signed an agreement with Li Moumou to make ice lanterns, and Li Moumou agreed to make 4 sets of ice lanterns for him.
In 2019, when the project contracted by Li Moumou was completed, a landscape engineering company told Li Moumou to settle the project payment in the form of workers' wages.
Because the wages of the workers hired by Li Moum could not reach the amount of the project payment, Li Moumou embezzled Liu Moumou's identity information to impersonate the workers he hired.
Later, a landscape engineering company used Liu's identity information when doing its salary accounts, and at the same time filed a detailed personal income tax declaration with the taxation department.
In 2019, during the review of the urban and rural subsistence allowances by the civil affairs department, it was found that Liu's income exceeded the standard, and in July 2019, it began to terminate the assistance and support of Liu's special hardship personnel.
Liu Moumou sued a landscape engineering company and Li Moumou for compensation for the infringement of name rights.
(2) Judgment results
The People’s Court of Yanqing District of Beijing found after trial that Li XX misappropriated a copy of his ID card without Liu XX’s consent, and a landscape engineering company used Liu XX’s identity information for tax return when doing salary accounts. , Causing the civil affairs department to terminate the rescue and support of Liu Moumou's extremely poor people.
For the losses caused to Liu XX, a landscape engineering company and Li XX should be liable for compensation.
It was then judged that a landscape engineering company and Li XX jointly compensate Liu XX for basic living expenses of 9900 yuan, living care expenses of 7680 yuan, temporary price subsidies of 300 yuan, electricity price subsidies of 42.92 yuan, and heating in 2019 from July 2019 to December of the same year. A subsidy of 1,800 yuan, medical expenses of 3,847.44 yuan from July 2019 to January 3, 2020, 5,000 yuan for spiritual comfort, 5,000 yuan for transportation and lost work expenses.
(3) Typical meaning
As pointed out in the thirteenth preamble of the Convention on the Rights of Persons with Disabilities, persons with disabilities make valuable contributions to the overall well-being and diversity of their communities.
As a group with special difficulties, the disabled need special protection.
Protecting the legal rights and interests of persons with disabilities is the duty and responsibility of the entire society, and it is also an important sign of social civilization and progress.
With the improvement of legislation in the field of personal information, society has generally increased the protection of personal information.
As a member of the public, the disabled person’s name is an important part of personal information, the main symbol of the distinction between individuals, and it carries economic and social significance.
Infringement of the personal information of persons with disabilities shall bear corresponding legal responsibilities.
The judgment in this case better protects the personality rights of the disabled, and demonstrates to the society the value concept that the rights and interests of the disabled should be guaranteed in an all-round way.
Case three
Wang Mouxiang and Wang Mou proceeded to suing a village committee, Gao and other neighboring traffic disputes
(1) Basic case
Both Wang Mouxiang and Wang Moujin are blind. They are in a father-son relationship. They are separated from other farmers in the village. They live alone on collectively owned land in the village, adjacent to a group of farmers in the village.
In 2003, the two used their own land and the land exchanged from a certain group of XX village to build a sidewalk that leads from XX village to the national highway (the only road connecting XX village to the outside world) via the reservoir dam. Yu Tongxing.
In 2012, Gao obtained 524 acres of land in a certain group of XX village for production and operation, and was commissioned by a certain group of XX village to build residential areas in XX village.
During the construction of the residential area, the access roads built by Wang Mouxiang and Wang Moujin were dug, causing a height difference of about 20 meters between the end of the access road and the ground level of the residential area. The access road is now impassable and cannot be restored.
Wang Mouxiang and Wang Moujin filed a lawsuit and requested that the villagers committee, Gao and others open another passage to restore access to the road, and compensate 5602 yuan for traffic and lost work losses.
(2) Judgment results
The People’s Court of Liangping District of Chongqing Municipality held that the neighboring right holders of real estate should handle the neighboring relationship in accordance with the principles of favorable production, convenient living, solidarity and mutual assistance, and fairness and reasonableness, and provide necessary neighbouring right holders who must use their land due to traffic. convenient.
In this case, no matter which direction the motor vehicle access road is built from XX village to the main road, it must pass through the land of a certain group of XX village, and a certain group of XX village shall provide land for Wang Mouxiang and Wang Mou to pass.
The villagers committee, Gao, etc. were judged to open another channel from the excavated part where Wang Mouxiang and Wang entered the original road, and build a 3-meter-wide sidewalk leading to the cement road in Qianzhaimen, and compensate Wang. Xiang and Wang lost 5602 yuan in transportation and lost work.
(3) Typical meaning
The purpose of building settlements is to improve the living conditions of the people, which is of positive significance, but should not be at the expense of harming the legitimate rights and interests of others, especially if Wang Mouxiang and Wang Moujin are elderly and have disabilities, their legal rights and interests should be fully obtained. protect.
Effectively protecting the legal rights and interests of persons with disabilities in accordance with the law is an important measure to implement Xi Jinping’s thoughts on socialism with Chinese characteristics in the new era, as well as a concrete manifestation of the earnest implementation of laws prohibiting discrimination against persons with disabilities.
The judgment gives full play to the important exemplary and leading role of judicial referees in society, encourages and supports disabled people to become independent and self-reliant, allows disabled people to feel more of the warmth of the whole society, builds confidence in the lives of disabled people, and makes them full of hope for a better life.
Case four
Lu Moumou Applicant's Personal Safety Protection Order Case
(1) Basic case
Lu Moumou (female) is a second-degree intellectual disability, Wang Moumou and Lu Moumou are married.
Due to lack of understanding before marriage and poor emotional foundation after marriage, Wang Moumou was slightly dissatisfied in his married life, that is, he fought against Lu Moumou and his parents to commit domestic violence.
Lu Moumou filed a divorce lawsuit for this, and submitted the police receipt, receipt of case receipt, inquiry transcript, domestic violence warning letter and other evidence from the public security organs.
After accepting the case, the court invited the District Disabled Persons’ Federation to visit Lu Moumou and his family together to learn about the specific situation from the parties and their units, and entrusted the District Disabled Persons’ Federation to comprehensively analyze the extent of Lu Moumou’s domestic violence and the actual dangers of domestic violence. Evaluate.
After investigation and evaluation, the District Disabled Persons' Federation applied for a personal safety protection order on behalf of Lu Moumou on behalf of Lu Moumou on the grounds that Lu Moumou suffered domestic violence and was threatened to apply for a personal safety protection order.
(2) Judgment results
After review, the People's Court of Chengxiang District, Putian City, Fujian Province found that Lu Moumou had a second-degree intellectual disability, and the Disabled Persons’ Federation had issued a disability certificate for him.
The Disabled Persons’ Federation now fulfills the responsibilities of rescue services granted by the law in accordance with the law, and submits an application on behalf of Lu XX on the grounds that Lu XX is at risk of domestic violence and cannot apply for the personal safety protection order, which is in compliance with the law.
It was then ruled that Wang XX was prohibited from committing domestic violence to Lu XX and his close relatives, and Wang XX was prohibited from activities within 200 meters of Lu XX's work unit.
(3) Typical meaning
Disabled persons are a group with special difficulties in society, and require the whole society to take extra care and love.
In judicial practice, due to the physical defects of the disabled, the ability to litigate is weak, and they dare not apply for a personal safety protection order due to threats and other reasons.
This case is the first personal safety protection order applied for by the Disabled Persons’ Federation in the country. In the practice of judicial trials, it is not only a useful attempt at anti-domestic violence trials, but also a concrete manifestation of responding to the judicial needs and judicial services of persons with disabilities.
Case five
Song XX v. a bank's personality rights dispute case
(1) Basic case
Song Moumou is a second-level disabled person with slurred speech and poor physical coordination.
In April 2017, when Song received a food subsidy from a bank and paid his father's pension insurance, because he forgot the bank card password, he needed to reset the password.
The staff told him that he needed to go to the bank where the account was opened, and quarrels occurred due to poor communication.
The bank staff did not understand Song's physical disability, and saw that Song's behavior was abnormal, so he activated the bank's alarm system.
Song XX hurried out of the business premises after hearing the alarm bell.
On the grounds of infringing on his personality rights, Song XX sued and asked a bank to apologize to him in the provincial media and compensate him for mental damages of 40,000 yuan.
(2) Judgment results
The People's Court of Kongtong District, Pingliang City, Gansu Province held that human dignity is the most basic social status and social evaluation that a civil subject as a "person" should have, and the right to receive the least respect.
Article 109 of the General Principles of the Civil Law stipulates that the personal freedom and personal dignity of natural persons are protected by law.
A certain bank did not have evidence to prove that Song had attempted robbery or had any signs of endangering the life, health and safety of a bank staff in the course of the bank's business. He was only involved in a dispute with a bank staff when handling business matters.
As a disabled person, Song XX has poor social adaptability.
The behavior of a certain bank added a psychological barrier to Song who was a disabled person to adapt to society, causing serious mental harm.
It was then sentenced to a bank to compensate Song XX with a mental damage relief of 5,000 yuan, and a written apology was issued for using the alarm bell to cause mental injury to Song XX.
The Intermediate People's Court of Pingliang City, Gansu Province upheld the judgment of first instance.
(3) Typical meaning
The second paragraph of Article 3 of the Law of the People’s Republic of China on the Protection of Persons with Disabilities stipulates: “The civil rights and personal dignity of persons with disabilities are protected by law.” Disabled persons are weaker than ordinary people in terms of social adaptability and psychological endurance, and they need society more. Understanding and care.
The protection of the dignity of the disabled requires the participation of the entire society.
In civil activities, it is even more important to promote the core socialist values, fully care for, understand, and respect persons with disabilities, and eliminate prejudice and discrimination.
Especially in the social service industry, it is necessary to provide sufficient convenience for the disabled in the process of setting up the working environment and handling business.
This case provides full protection to disabled persons when they are discriminated against in participating in social activities, and effectively protects the legal rights and interests of persons with disabilities. The verdict has a positive impact on the local area, fully demonstrates the justice of justice, highlights the theme of justice for the people in the new era, and vigorously promotes it. The core values of socialism.
Case six
Yu XX sued a public transport company for tort liability disputes
(1) Basic case
Yu XX is a physically disabled person with a household registration in City A.
In July 2014, when Yu XX took a bus of a public transportation passenger transport company in City B, he showed his People’s Republic of China Disability Certificate and asked to ride for free, but the driver of the vehicle refused, and the two parties had a dispute.
Yu XX filed a lawsuit with the People’s Court, requesting an order for a bus passenger transport company to apologize and admit its mistakes; to compensate its transportation expenses, accommodation expenses, catering expenses, lost work expenses, mental damage compensation and other losses totaling 45,254.6 yuan.
(2) Judgment results
The People's Court of Xuanwu District, Nanjing City, Jiangsu Province held that the right of disabled persons to enjoy car discounts is protected by law.
According to Article 46 of the Law of the People's Republic of China on the Protection of Disabled Persons, the state guarantees that disabled persons enjoy various social security rights.
Article 50 stipulates that people's governments at or above the county level shall provide convenience and preferential treatment for disabled persons to take public transportation according to actual conditions.
As a public transportation company, a public transportation company should follow the principle of ensuring that disabled persons enjoy various social benefits, and provide disabled persons from other places with simpler and more flexible procedures for free boarding.
A bus passenger transport company refused to ride Yu X for free, infringing on the free ride rights of the disabled, and should bear corresponding legal liabilities.
It was then sentenced to a certain public transport company to compensate Yu XX 2,528 yuan.
(3) Typical meaning
The legal rights and interests enjoyed by disabled persons in political, economic, social, cultural and family life are protected by law.
However, in practice, some local documents still fail to effectively implement relevant laws and regulations.
In this case, where local documents did not stipulate that persons with disabilities who are not registered in the city can enjoy car discounts, the people's court made a judgment in accordance with the provisions of the "People's Republic of China Law on the Protection of Persons with Disabilities" and the "Regulations on the Protection of Persons with Disabilities of Jiangsu Province". The rights and interests of disabled persons to participate in social life and share social material and cultural achievements are fully guaranteed, and the legal rights and interests granted to disabled persons by laws and regulations are implemented.
At the same time, after the trial of this case, the Xuanwu District Court also issued a judicial proposal to City B Public Transport Corporation, suggesting that relevant functional departments take the lead in formulating related systems that make it more convenient for the disabled to ride freely while taking into account the economic interests of public transport companies in accordance with the law. And policies, and further extend judicial services for persons with disabilities through judicial recommendations.
Case Seven
A public rental housing company v. Ma XX housing lease contract dispute case
(1) Basic case
A public rental housing company and Ma XX signed a public rental housing lease contract in 2014, stipulating that a public rental housing company will lease a set of public rental housing to Ma XX for a lease term of 12 months and pay rent every 6 months, with 2 overdue If the rent is not paid every month, a public rental housing company may terminate the contract.
After signing the contract, Ma owed his rent for 9 months.
A public rental housing company sued for the cancellation of the "House Lease Contract" signed between the two parties, and Ma paid the rent from August 4, 2020 to the date when the house was actually returned, and vacated his rented house.
(2) Judgment results
During the trial of the case, the Chengdong District People’s Court of Xining City, Qinghai Province learned that Ma is a disabled person with limited mobility. His main source of income is the government's minimum living allowance. He is in his sixties, has no children, and lives alone for a long time.
Because he did not submit the application information for the minimum living allowance on time when he went out according to the policy, the minimum living allowance was temporarily cancelled, resulting in the failure to pay the rent on time.
Taking into account Ma’s actual situation, after presiding over mediation, both parties voluntarily reached a mediation agreement. Ma can continue to rent and pay a public rental housing company in one lump sum before February 10, 2022. August 5, 2020 to 2021 The rent owed during August 4, 2008 was 4,802.08 yuan.
(3) Typical meaning
Public rental housing is the life guarantee provided by the party and the government for the people in need. If the case is simply decided to terminate the lease contract, it will inevitably cause irreversible impacts, resulting in no housing for the disabled elderly.
The people’s court fully interpreted the law and reasoned patiently, persuading a public rental housing company to fully consider Ma’s plight, granting a grace period of 8 months, advising Ma to apply for the minimum subsistence allowance again, and mediating to temporarily not terminate the lease contract to avoid Ma’s A certain faces the dilemma of no room to live.
It not only guarantees that the government's public rental housing policy is implemented in the form of contracts, but also effectively protects the right of residence of the disabled. In specific cases, the purpose of justice for the people has been implemented.
Case eight
Gao Moqin et al. v. Gao Mouming common property division dispute case
(1) Basic case
Gao Moqin and Gao Moqin's siblings, Gao Mohang and Gao Moxue are the children of Gao Moqin, all of the above 4 persons belong to the same household registration as Gao Mobao (the father of Gao Moqin) and are identified as impoverished households .
Gao Mouming has a second-degree physical disability, and his wife has a first-class vision disability.
In May 2017, the head of the household Gao Moubao and the town government signed the "Relocation Agreement for Poverty Alleviation and Relocation" and the "Relocation Agreement for Poverty Alleviation and Relocation of Old Homesteads Relocation Agreement". The per capita subsidy for the old house homestead retiring subsidy policy is 10,000 yuan, a total of 50,000 yuan, and the above-mentioned funds are remitted to the account designated by Gao Mouming.
In October 2016, Gao Mouming purchased a house and paid the purchase price of 140,000 yuan, with a total of 1,860 yuan for deed tax and stamp duty. The house is the only house of the household.
Gao Moqin and others sued and asked Gao Mouming to pay 75,000 yuan for the relocation of impoverished households and 30,000 yuan for the refund of the old homestead, totaling 105,000 yuan.
(2) Judgment results
The People's Court of Baihe County, Ankang City, Shaanxi Province, after trial, held that the purpose of the relocation policy for poverty alleviation and the relocation policy for old houses and homesteads is to protect the basic right of residence of the parties.
Gao Mouming purchased a house in accordance with the above policy, and the house is now his only house. Gao Moqin and others, Gao Mouming, and Gao Mobao, who are not involved in the case, all have the right to live in the house, and cannot claim the house if the house has not been disposed of Having enjoyed the return of policy funds, the court ruled that Gao Mouqin's litigation request was rejected.
The Intermediate People’s Court of Ankang City, Shaanxi Province held that the money involved in the case was a specific fund used by the government to solve the basic housing problem of poor households, and was of a special nature. Gao Moqin's claim that the money should be used for living expenses should be distributed with the government. The specific purpose of the article is contradictory, and the judgment of the first instance is upheld.
(3) Typical meaning
This case involves both the residence rights of the disabled and the implementation of poverty alleviation and resettlement policies.
The poverty alleviation and resettlement policy is the government's policy to improve the quality of life of poor households, relocate from areas with poor natural conditions to places with better conditions for survival and development, and solve the basic housing needs of farmers. It should be used well to truly solve the housing needs of the parties.
Gao Mouming and other four people are in Gao Mobao’s household, and Gao Moqin’s brothers and sisters, and Gao Mouming’s husband and wife are severely disabled. Although Gao Moqin and others have rights to the money involved in the case, the money involved in the purchase The house is the only housing for the parties involved, and the decision to dismiss Gao Mouqin's petition is of positive significance for protecting the housing rights of the disabled and for implementing the goal of the national poverty alleviation policy.
Case nine
Niu XX v. a logistics company labor contract dispute case
(1) Basic case
Niu Moumou is disabled with a missing thumb on his left hand.
He went to work in a logistics company on October 10, 2019 as a forklift worker.
Submitted the valid forklift license when entering the job, and passed the entry medical examination.
The company requires an employee registration form to be filled out. The registration form lists whether there is a history of serious illness, family medical history, work injury history, and infectious disease history, and also lists the "other" column.
Niu Moumou checked "None".
On July 4, 2020, a logistics company terminated the labor contract on the grounds that Niu XX concealed his disability certificate and did not accept the work arranged by the company.
On July 10, 2020, Niu applied for arbitration, demanding that a logistics company pay 30,000 yuan in compensation for illegal termination of the labor contract.
On October 13, 2020, the Labor and Personnel Dispute Arbitration Committee ruled that a logistics company should pay Niu XX a compensation of 5860 yuan for illegally terminating the labor contract.
Niu Moumou sued and requested a logistics company to pay 30,000 yuan in compensation for the illegal termination of the labor contract.
(2) Judgment results
The People’s Court of Shanghai Pudong New Area found after trial that the forklift worker recruited by a logistics company, Niu Moumou had provided a valid forklift license and passed the medical examination at the time of employment. Judging from the work situation, whether Niu Moumou holds a disability certificate It does not affect his work as a forklift worker.
Therefore, a logistics company terminated the contract on the grounds that Niu XX concealed the disabled person's certificate. The reason was untenable, and it was illegal to terminate the labor contract.
It was then judged that a logistics company should pay 5860 yuan as compensation for Niu's illegal termination of the labor contract.
The Shanghai No. 1 Intermediate People's Court upheld the judgment of the first instance.
(3) Typical meaning
Employers can manage workers and have the right to know the basic situation of workers, but the right to know should be based on the consideration of whether the labor contract can be performed, and the employer should not enjoy too broad the right to know.
Moreover, the reasons for the physical disability of workers are varied, and the impact on the work cannot be generalized.
As society pays more and more attention to the protection of personal privacy, when the disability does not affect work, workers can not actively disclose the fact that they have a disability to the employer, but instead work as an ordinary person and obtain labor. Remuneration, this is the value concept that modern society should have.
The employer itself bears the social responsibility of absorbing employment, and it should be necessary to tolerate and not discriminate against disabled workers, let alone terminate the labor contract on this ground.
The judgment in this case has played an important role in protecting the labor rights and interests of the disabled and ensuring the equal participation of the disabled in social life.
Case ten
Wang Moumou sued a rehabilitation appliance company tort liability dispute case
(1) Basic case
Wang Moumou purchased prosthetic products from a rehabilitation equipment company due to a traffic accident.
On April 25, 2016, the two parties signed the "Product Configuration Sheet", agreeing that a rehabilitation appliance company will provide Wang XX with prosthetic products, and provide a modified assembly plan based on Wang XX's personal adaptability, as well as life-long free adjustment, maintenance, and repair And other professional technical services.
A rehabilitation appliance company first assembled a temporary prosthesis for Wang's situation, and Wang paid the corresponding price of 8,000 yuan.
On April 18, 2017, Wang Moumou was hospitalized for ulceration of the left lower extremity stump and paid RMB 52,725.42 for medical expenses.
Wang Moumou claimed that he developed ulcers less than ten days after installing the prosthesis. He reported the situation to a salesperson of a rehabilitation equipment company. The other party said that he needed to run in and healed slowly, so he was not admitted to the hospital for treatment in time.
Wang Moumou sued and requested a rehabilitation appliance company to compensate him for the purchase of prosthetic limbs, 8,000 yuan, 52,725.42 yuan for medical expenses, 5,500 yuan for hospital food subsidies, 11,500 yuan for nutrition, 17,400 yuan for nursing expenses, and 2,000 yuan for transportation.
(2) Judgment results
The People’s Court of Fengtai District of Beijing found after trial that a rehabilitation appliance company failed to provide Wang Moumou with sufficient guidance and tracking services for wearing prostheses, which caused Wang Moumou’s stump ulceration during the use of the prosthesis, and he should deal with Wang Moumou. He assumed tort liability for the damages, so he sentenced a rehabilitation appliance company to refund Wang’s prosthetic limbs of 8,000 yuan, compensate Wang’s medical expenses of 52,725.42 yuan, hospital food subsidies of 5,500 yuan, nursing expenses of 11,500 yuan, nutrition expenses of 5750 yuan, and transportation. The fee is 500 yuan.
In the second instance, the two parties settled the case through mediation.
(3) Typical meaning
Disabled assistive devices have a major impact on the lives of disabled people.
Whether the quality of assistive devices for disabilities is qualified and whether they can be used safely and effectively is closely related to the health and personal and property rights of the users of assistive devices.
In addition to physical attributes, disabled assistive devices also include service attributes. Any defect in any attribute may cause damage to users.
This case establishes the basic rules of judgment for the tort liability disputes of assistive devices for disabilities, that is, after selling products to buyers, operators of assistive devices for disabilities shall not only ensure that the quality of the products are up to standard, but also provide for the buyers based on product performance and contractual provisions. For after-sales services such as assembly, adjustment, use guidance, training, and visits, if the purchaser suffers personal injury due to lack of service, the operator shall bear the corresponding tort liability according to the degree of its fault.