Saturday, October 13, 2012

operators with or without the fault


Jin Guang, HANGZHOU, Oct. 13 (Reporter Wang Junlu) Linhai peasants, electrocution death last year in the rescue of an electric shock man Lee. The Jin Guang families the electricity sector, fish pond owners, contractors, and other court. October 10, Taizhou Xianju County Court of First Instance judgment of the high-voltage lines operators Xianju Peng Creek pit hydropower bear 70% of the liability and compensation in the amount of 49.49 million yuan.
on November 23 last year, Jin Guang, a fish pond in Xianju fishing Northface Kids Northface. 13 pm the same day, another fisherman Lee shoulder 7.2 m long fishing rod in the place of the left about 40 meters away from the fish ponds, fishing rod to touch the high-voltage electric shock coma. Upon seeing Jin Guang immediately stepped forward to rescue the rescue process electric shock coma. They were rushed to hospital after hospital rescue Lee from danger, Jin Guang Northface Women's Bionic Jackets, however, died.
January 12 this year, of Gionee widely-old mother of 80-year-old minor son of the high-voltage lines operators Xianju Peng Creek pit hydropower, the electricity sector, all of the ponds, the Contractor and all to court Northface Men's Denali Hoodie Jackets Sale, seeks compensation for the economic losses, including death compensation, dependents living standard calculation by urban residents.
court hearing that person to damage caused by high-voltage transmission lines compensation disputes, for no-fault principle of Liability law tort liability borne by the operators, operators with or without the fault of the damage occurred, as long as the cause of the damage should be liable for damages. Gionee wide electric shock high voltage line, the operators of the power station, therefore the Xianju Peng Creek pit hydropower should be liable for compensation ugg clearance sale.
court held that, Jin Guang Lee's rescue behavior itself is not there fault, its behavior is also a good morality advocated should be affirmed. Lee was unconscious by electric shock, Gionee wide as adults with full civil capacity, the rescue behavior not all of its own security to the security duty of care, its owe cautious behavior with imputability, can be reduced in accordance with the law cents ranks County Penghu Creek pit hydropower responsibility. Jin Guang Although rural residents, but the evidence of the plaintiff can prove Gionee wide to live in the city and the fact that the land has been expropriated, so the death compensation, dependents living standards of urban residents calculation request support.
court held that the plaintiff's reasonable total economic loss of 70.71 million yuan, 70% identify, as appropriate, by Xianju Peng Creek pit hydropower compensation total of 49.49 million yuan.
(original title: Linhai farmers courageous electrocuted awarded nearly 50 million)
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