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  • Started 10 years ago by bf5dS7AaS3

  1. We are removing the tire repairman.<br>Guangchang incident, an explosion of domestic retreaded tires first case of fatal truck drivers and tire manufacturers was sentenced to worry secondary responsibility<br> <br>End tube filled with gas after changing, tire suddenly exploded, resulting in the accidental death of a mechanic. Family of the deceased to find truck drivers a claim, the driver innocence, said he also consumers, should bear responsibility, should go to the manufacturer. Manufacturers has said that after the detection of a tire factory authorities, it is impossible quality problems, we should go to the tube manufacturer. Tube manufacturers are considered family of the deceased to them when the defendant is absurd: the tube itself is a soft body, like a balloon, she said inner tube will be killed people, really a joke!<br> <br>Faced with the parties to the status of innocence, how will the courts to settle a lawsuit?<br> <br>Mechanic changing a tire explosion killed<br> <br>Has a "Chinese lotus town" reputation of Guangchang, is also the first county in China's logistics. The county's 23 million people, nearly 5 million people in the country engaged in the logistics industry. Throughout the county of Nanchang - Xiamen highway as an important traffic roads, the traffic coming and going great. The resulting large and small inflatable tire repair shop covered roads, the driver is always on the move to provide a lot of convenience.<br> <br>Next Guangchang head Beizhen Westport Chang Ha highway gas station, there is an inflatable tire repair shop, the shopkeeper bell accounted for hair, Ruijin man, and his wife and has two sons and two daughters, although the day flies constraints, but an enjoyable.<br> <br>Liu Lanxiu have a desire to earn some money and so on, the whole family went back home to live. But an accident happened, so she could not realize this wish.<br> <br>February 9, 2009, the Lantern Festival. 5:00 more at home sleeping suddenly received a phone call from her husband bell made a telephone account, the speaker is a doctor of the emergency center, the other said,LLhAtwuvm7, Bell made are accounted hospital. Liu Lanxiu head "Om" suddenly big, so she rushed to the hospital after she made invalid accounts bell has died.<br> <br>It turned out that day more than 3:00, the truck driver Dong Shibin driving a heavy tractor-trailer carrying dozens of tons of cargo entering Chang Ha Road Guangchang head Beizhen territory, the Dong Shibin found a vehicle tire less gas. This often ran near the front lines, he knows there is a gas station, next to a inflatable tire repair shop. For the easy way, he did not immediately put spare tire, but the line before continuing to drive trucks.<br> <br>"Master, rushed to my car up about tires, I hurry." Chung Dong Shibin knocked accounted hair shop.<br> <br>Drowsily bell accounted for hair, the director of truck tire removed, found the tube out of the question, with the approval of Dong Shibin consent, bell representing a hair replacement inner tube, and with a pump to inflate the tires. However, when the inner tube filled with gas in the process of loading valve core tire carcass suddenly exploded.<br> <br>Aside heard a loud noise, stared stood for several minutes, waiting for him to wake up, I saw the clock accounted hair down in a pool of blood, he hastened to call the emergency number. Soon,nike tn pas cher, the "120" ambulance roaring,yPA73RIEWX, the bell accounted sent to hospital.<br> <br>After diagnosis, the clock accounted hair belongs severe head trauma, after she died.<br> <br>The driver and tire manufacturer Cheng Beigao<br> <br>"It must be the driver of tire quality problems." Immersed in grief believes knowingly tires have no gas, but also the driving force, so that the tire damage, which leads from the tire explosion.<br> <br>In this regard, Dong Shibin feel very wronged: he is to the store to fix the tire, the accident should not count to his head, at least he did not have a direct relationship. After local police intervened to mediate,4lwd2LxHix, Dong Shibin willing to pay 10,000 yuan expressed condolences to Kim.<br> <br>And after the accident, the police found explosive tire retread tires that may cause wire breakage quality problems explode. The main responsibility for this accident should be refurbished by the manufacturer tire company - Zhangzhou City, Fujian Province, in charge of Shanghai 000 Tire Co.,nike air max 90, Ltd. (Shanghai 000 companies).<br> <br>Thus, Liu Lanxiu additional Wan Shanghai company for the defendant, give compensation claim.<br> <br>Wan Shen as defendants also feel very injustice: their own production of tires are to undergo testing the quality of qualified products, and provides local product sampling quality certificates issued.<br> <br>Shanghai 000 company made, the tube is also possible that one of the tires explode incentives.<br> <br>February 13,nwW287vn3g, 2009, Liu Lanxiu and four children to the plaintiff's identity, will Dongren Bin,moncler outlet italia, Xiamen, Fujian Province Lei Sheng Logistics Limited (Dongren Bin vehicles affiliated company, hereinafter referred to as Xiamen Sheng Lei logistics), Wan Shen company,ncSWWkFRjB, Ganzhou Kay Great Rubber Co., Ltd. (tube manufacturers, hereinafter referred to Ganzhou Kay large rubber) together with court to require compensation for the costs of the four co-defendants because the plaintiff representing a death bell and produced four children living in 36 million yuan.<br> <br>4 defendants, said the explosion had nothing to do<br> <br>May 26, 2009, Guangchang County Court hearing of the case.<br> <br>"Tire exploded, certainly tire quality problems." and affiliated companies believe that this is purely an accident, he is also the consumer, should bear the liability.<br> <br>At the same time, they say the clock accounted hair is also at fault in the operation.<br> <br>"Tire After sampling the relevant departments, with no quality problems." Ten thousand Shen tire company representative said in court, if the driver in a later use, improper use can also cause tire damage, which should be the responsibility of the driver. In addition, tire inner tube tire produced in the dress, there is no causal relationship between inflation process and Wan Shen companies. And tire exploded There are two important reasons: First, Dong Shibin driving overloaded trucks exist, after a flat tire forced driving situations such as improper use; the second is the bell made no accounting qualifications inflated tire repair, tire burst and cause of death itself, We can not shirk responsibility.<br> <br>"Tube itself is a soft body, like a balloon, the tube will be killed people say, this is really a joke." Ganzhou Kay large rubber that made the change tube bell representing the genus of qualified products, the tire explosion and car inner tubes cents no association. Second reason, according to the site of the evidence shows that the tire tread can cause the tear-shaped zipper opening presents, there are three: First, the quality of the tire,louboutin soldes pas cher, but off; the second is overloaded; third wire damage fried tires, inner tubes and therefore does not have any relation with the explosion.<br> <br>On the court, the defendant insisted that the explosion and he did not have any relationship. The court therefore commissioned the National Rubber Tire Quality Inspection Center of tire explosion causes of Forensic Sciences. Conclusions show: already can not guarantee security, should continue to use the tires be replaced and inflated inner tube, causing tire burst, the accident was caused by improper operation.<br> <br>More than four months later, Guangchang County court hearing the case again, after identification, tubeless tires are proven and cause unrelated to the accident, the focus of debate between the two sides once again fell on the causes of the explosion of the tire: in the end is the quality of the tire itself problems or damage caused by drivers using improper tire.<br> <br>In order to prove that they have done to remind consumers of the obligation, Wan Shen tire company in the second trial, issued three bags product description: This product is not available for use as well as overloading the vehicle front wheel,mMB0rvh5m1, high-speed,1sPA9o8T41, long-distance vehicles, such as the forced use peril. "Dong Shibin precisely the tire used on long-distance transport, and use of the load-bearing tire, which has violated the Three Guarantees."<br> <br>However, this argument was immediately refuted logistics Xiamen Sheng Lei: "buy tires when do not see how this explanation and did not prompt written?"<br> <br>Sentenced to improper handling dead bear primary responsibility<br> <br>The court found that: There is overloaded Dong Shibin driving vehicles. Blasting is Wan Shen tire company produces tires retreaded tires, the tire original production unit in Qingdao Yellow Sea Rubber Co., in addition to the tire brand identity and origin affixed stated no other text. in 2008 to 850 yuan to buy used from a dealer. Sampling by the Fujian Provincial Bureau of Quality Supervision quality standards with lots tire factory. In addition, Ganzhou Kay large rubber tube production by testing the genus qualified products.<br> <br>May 15, the case the presiding judge Zhu Yongquan told reporters, as a bell made in accounting for tire repair personnel, there is no corresponding qualifications, prior to the replacement truck tire retread and pressurized tube, did not carefully check the extent of damage to the tire casing. When can no longer guarantee the safety of the tire replacement inner tube, still inflated to a higher pressure, the presence of the fault of improper operation, is the main cause of the explosion.<br> <br> use on its long-haul truck tire retread truck overloaded driving, and driving on the way, we found a flat tire after not stop in time to repair, but continue driving, causing the tire carcass cords suffer more serious RCC, a serious decline in tire strength . "So, Dong Shibin exists for improper use of the tire's fault, it is a secondary cause of the explosion." Lei Sheng logistics company as a car linked units, in unable to repay the advance should bear responsibility.<br> <br>Zhu Yongquan said ten thousand Shen tire company as a retread tire producers,moncler outlet italia, in accordance with the provisions of the "Product Quality Law": improper use, likely to cause damage to the product itself or may endanger the personal and property safety of the product, there should be warning signs or warning specifications in Chinese. And the company as a producer for the use of retreaded tires security matters, there is no logo on their products to consumers to make informed and warning obligations, to a certain product defects, and with the explosion of the tire has a causal link, should bear the accident secondary liability. Ganzhou Kay large rubber have no connection with the accident causal link fault behavior or product defects.<br> <br>November 23, 2009, Guangchang County court verdict: a death bell accounted for the costs generated by the child's living expenses as well as 4, 31 million yuan, of which the compensation by the 20% from ten thousand to five plaintiff Shen tire company Compensation of which 20%, and the remaining losses by the plaintiff conceited; Dong Shibin five plaintiffs compensation for moral damages solatium 4000 yuan, Wan Shen tire company to compensate the five plaintiffs moral damages solatium 6000 yuan; the case of Xiamen Sheng Lei logistics can not pay such compensation in advances bear responsibility; Ganzhou Kay large rubber does not assume liability.<br> <br>Recently, Liu Lanxiu and Wan Shen tire company voluntary agreement: the Wan Shen tire company paid Liu Lanxiu their children financial help 37,000 yuan.<br> <br>Lawyer: due to mixing of the fault that led to the accident<br> <br>In recent years, the tire exploded wounding accidents occur frequently, but because retreaded tires killing people in the country is rare. Guangchang court official said, this is the first case of a dispute the right to life of retreaded tires explosion caused damages to product quality disputes.<br> <br>Agent case law Lu Bin believes that China's tire repair industry practitioners there is no relevant qualification examination, most practitioners are carried out directly after a short practice posts, which gives the tire exploded wounding accidents occur frequently planted risks.<br> <br>Jiangxi Law Lawyer Xiao Wenjun newspaper said, according to the National Standardization Management Committee March 9, 2007 release of "retread truck tire" national standards, product logo to be seen in the "text" as proof, such as retreaded tires are not On the product labeling "RE Juan TREAD" or "refurbished" words, on suspicion of "fake" new tires; the number of renovation is not marked, the user is not given the right to know, there is suspicion "fraud" users; refurbishment lot or fetal number is not marked ,Kj6r5PMFUx, it should be identified as "irregular" products; non-delivery inspection stamp should be identified untested "qualified" products.<br> <br> said it was an accident caused by fault mixed together, if either party up to their responsibilities, both to avoid accidents. The case also tell you that, along with the rapid growth of China's car, the obligations of auto repair, driving habits, producers need to be further standardized, in order to avoid a similar tragedy.<br> <br>Text / Chart Zhu Yongquan Zhou Xing the chief reporter intern He Xuepei too Liu Jin<br><br>

    Posted 10 years ago #

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