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the town government to bear 10% of the liability

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  • Started 10 years ago by S32v6F5tF

  1. <br>Blame river<br> <br>Guangzhou Daily (Reporter correspondent Liu Yi Ming Ling Wei) when walking by prominent stone pavement stumbled, fell four or five meters deep wadis, Mr. Lee since paraplegic. So he would Shunde District Land and Water Conservancy Bureau of Urban Construction (hereinafter referred to as "land WCB"), Environment, Transport and Urban Authority (hereinafter referred to as "ChengGuanJu"), Lecong government to court seeking compensation for his various losses . Recently, the Foshan Intermediate People's Court verdict Urban Management Bureau, the town government to bear 10% of the liability, compensation of 14 million yuan Lee.<br> <br>The incident:<br> <br> <br> <br>He fell into the wadi induced paraplegia<br> <br>It happened in the November 5, 2012 at 2 pm. According to Mr. Lee said he was about to drive to the bus station, seven or eight meters away from the bus station near the river where the ground suddenly tripped a prominent rock,moncler femme,http://www.fzxxh.com/bbs/forum.php?mod=viewthread&tid=87285, fell down four or five meters deep in the river embankment. After the passenger was found near the motorcycle driver, immediately called the police, then the police and firefighters immediately rushed to the scene after the alarm, for Lee implemented a rescue, and sent to hospital, the hospital 39 days. Later, Lee transferred its domicile hospital, before and after 91 days of hospitalization.<br> <br>After diagnosis, Lee T4,http://www.maritimeoiljobs.com/cgi-maritimeoiljobs/news-clip.pl?n=30, T5 vertebral compression fractures and spinal cord injury, paraplegia. July 8, 2013 by the forensic identification,canada goose pas cher, Li secondary disability.<br> <br>In May this year, Lee will Shunde District Land Bureau of Water Resources, Urban Management Bureau,parajumpers homme, Lecong government to court. Lee believes that he is in the jurisdiction of the government of a town next to the river embankment and fell wounded in the region managed by the three defendants, but the three defendants failed to set up warning signs in accordance with law and take safety precautions,http://uygur.utmall.com/viewthread.php?tid=6497&extra=, so the injury is Three co-defendants caused the fault, should bear joint and several liability.<br> <br>After hearing that the Court of First Instance, the District Land Bureau of Water Resources is responsible for the road location only case involving approval procedures, not the location of the case involving the ownership or manager, the council is not liable. Ultimately, the Court of First Instance judgment Li bear 90% of the responsibility, to assume responsibility for 10% of the town government and urban management bureau.<br> <br>Focus:<br> <br> <br> <br>Management responsibilities related departments exist?<br> <br>Lee insists he is not at fault in the incident,https://dspace.jaist.ac.jp, the town government, urban management bureau should bear full responsibility in this case, then the Foshan Intermediate People's Court appealed. He also emphasized the appeal,http://store.shopping.yahoo.co.jp/juraice/dz4181.html, he tripped over a stone not naturally formed, but a large cement block water slurry form, which proves that the town government and urban management bureau at fault in the incident.<br> <br>The town government, the District Urban Management Bureau responded that administrative functions should only take up their responsibility, the responsibility should go beyond the scope should not be held. They said that Lee was taking place is not the sidewalk,http://www.nigeriannewspapers.us, but the green belt. He, as adults, we have the ability to distinguish dangerous, knowing that the green belt outside the creek edge, knowing that their place is not suitable passage which still went to the creek on the edge of the green belt, a dangerous state would put themselves,http://www.takasemed.com, their subjective fault clear, inescapable.<br> <br>They also said that he has done in the site of the incident reminded obligation warnings. Shunde District,http://www.hacosuke.com/hacobbs/hacobbs.cgi, staggered into a network of rivers belong to the terrain, can not be everywhere all the requirements of departments set up warning signs and barriers, where the normal passage of pedestrians only necessary to be set up; moreover, the warning signs are not the only way of warning, the green belt is set One warning way, the incident area before the incident has been set up green belts,scrape hogan, and afterwards added warning signs.<br> <br>Final:<br> <br> <br> <br>Lee bear responsibility ninety awarded 140,000<br> <br>Foshan Intermediate People's Court believes that is the place where the river Lee fell into the embankment at a road is not for the normal passage, provided with at least a few meters of the buffer zone between the department and the road. Li If for any reason need to line to the incident site, which acts as the full civil capacity, it shall draw attention to their safety in order to avoid falling into the creek. Therefore, in this case the accident was mainly due to Lee duty of care for their own safety deficiencies, Lee injured bears its major fault.<br> <br>On the other hand, the case involving a road embankment, though not for the normal passage, but also belong to the surrounding environment point of view in public places, the town government, Urban Management Bureau, as the case manager before the accident, did not set the security fence on the riverbank at , nor set up warning signs, management also has some flaws,woolrich outlet italia, the secondary reason for this is the case of the accident, the town government and District Urban Management Bureau of the injured Lee bears minor fault.<br> <br>The Court held that the trial court shall bear 10% of the responsibility of management, Mr. Lee to bear 90% of the responsibility for fair and reasonable. Court ultimately determined Lee so the event generated a total loss of 141 million yuan, then the first instance verdict the Environment, Transport and Shunde City Authority, Shunde District People's Government decision to take effect in ten days time payment of compensation Lee 14 million yuan.<br> <br>(Original title: stumbling stone fell into the river tumble high paralysis truncated sued the town government)<br><br>

    Posted 10 years ago #

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