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Reject quote, merchant buries sheet for natural disaster

From;  Author:Stand originally

Night of cold winter snow, snowflake waves. The pedestrian avoids inside the canopy of doorway of one small shop the bus such as snow. Expect fly unexpected calamity, simple and easy canopy can'ts bear the heavy burden of heavy snow and cave in, will avoid the pedestrian of snow is bungled. After the event, the pedestrian asks small store owner is in charge of compensating for, and merchant thinks this is natural disaster, cannot foreknow, reason rejects to assume liability to pay compensation. Cave in of snow night canopy injures a person, of the day over- ? Of the person over- ?

Fly unexpected calamity
By January 2008, tens of year the Changzhou of assault of infrequent heavy snow that did not encounter. With every evening 6 when make, after Laozhou comes off work, the car waits in public transportation platform, because the platform does not have block canopy, laozhou arrives the canopy of a small shop of vicinity (stainless steel bracket is propped up, enclothe on board) next avoiding snow, after more than minutes about 10, car did not wait come, canopy collapses suddenly however fall, break Laozhou. Laozhou is sent toward the hospital of nearby to treat by passerby at once. What diagnose Laozhou via the hospital is right the 6th hind costal fracture, cost for this medical expenses uses 1233 yuan. After the event, laozhou found merchant to ask its assume its medical expenses, but merchant rejecting claims. But Laozhou is obliged to sue to the court.
Whose fault
Week of former retire on account of age thinks, because the accused merchant did not use up the compulsory be caused by that safeguards to canopy management,the happening of the accident is, the agree carries total liability to pay compensation.
The accused merchant thinks, when accident happening, the shop already was not inside business hours, canopy is by heavy snow crushing, be not oneself fault be caused by, break old Zhou Yechun to belong to natural disaster, oneself cannot foreknow, cannot be on guard, the accident is caused for force majeure place. Laozhou serves as adult, ought to see beforehand snow day canopy has collapse falling dangerous existence, but still choose to avoid below canopy snow, answer to bear the adverse consequence that causes from this by oneself. Reason the accused should not assume any liability to pay compensation, but be willing to compensate charge of medical treatment of old week part appropriately from the angle of morality and justice.
Fault is illative
Changzhou belfry court thinks via cognizance, " civil code general rule " the 126th regulation: "The building is other perhaps establishment lays aside content, pensile content to produce collapse with what reach a building to go up, fall off, fall cause other to damage, its everybody perhaps manages a person to ought to assume civil responsibility, but the exception that can prove oneself do not have fault. " the pensile thing that the canopy in this case opens a shop to be in a building to go up for place of the accused merchant, the fact that in accuser Laozhou has proved to damage is killed and damage kill fact and canopy to collapse fall below the causal circumstance between, the accused merchant ought to prove he does not have fault, ought to assume corresponding liability to pay compensation otherwise. Canopy collapses falling reason has normally: 1, the design is built unreasonable, non-standard; 2, safety administration does not reach the designated position; 3, force majeure; 4, the fault of the 3rd person. Accordingly cannot the force majeure that the cause of formation of this case accident simple end causes for heavy snow, the accused ought to prove the installation method of canopy, safe level that loads ability all achieved design original intention above all, just be the premise requirement that eliminates its to be put in fault. In the meantime, merchant serves as canopy possessory or controller, ought to see beforehand continuously heavy snow is pressed likely collapse canopy, cause to other thereby damage, ought to adopt active preventive measure, if undertake giving canopy consolidate, in time appropriately,clear firn, in order to avoid dangerous happening. The court in trying a process makes Shi Ming with respect to this quote responsibility to the accused, but the accused rejects quote, reason is illative the accused has fault to this case accident, the accused ought to is opposite lawfully loss of the person that accuser suffers because of this case accident place, belongings assumes liability to pay compensation. Belfry court makes first instance adjudicate then: The cost maneuver such as loss of cost of medical expenses of old week of accuser of compensation of the accused merchant, nutrition, belongings 1533 yuan.
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