Anhui couple died bizarrely in Shanghai for renting a house in Shanghai, and the second trial of the case opened

In 2019, an Anhui couple went to Shanghai to open a milk tea shop, but they died strangely in the rental house toilet.

Earlier, the family members of the deceased requested the court to order the landlord Hu to compensate the losses including death compensation, including the death compensation, a total of more than 990,000 yuan.

In June of this year, the Shanghai Baoshan District Court ruled in the first instance that the landlord Hu Mou compensated the victim Jiang Moufeng's parents 50,000 yuan. Jiang Moufeng's parents refused to accept and appealed.

On the afternoon of September 6, the second trial was held in the case and will be pronounced. "I hope to give my child a justice to ask for a justice."

The landlord for the first instance compensation for 50,000 yuan

Family members are not convinced to appeal

According to the judgment of the first instance, the reporter of Dahui saw that the Shanghai Baoshan District People's Court accepted the case in July 2021.

During the first instance, the family members of the deceased sued the landlord of the rental house for a total of more than 990,000 yuan on the grounds of the dispute of life.

The family members sued the facts and reasons that the father and landlord of the male deceased Cao Moujun signed a lease contract in April 2019 and handed the house to his son and daughter -in -law to live together.

On August 11, 2019, Cao Moujun and his wife Jiang Moufeng were found in the toilet of the rental house, and died after rescue. After identification, the two met the death of hydrogen sulfide gas poisoning.

The family members believe that the landlord Hu, as the lessor, should ensure that the house is in a safe state of use. At the same time, the equipment of the rental house is responsible for maintenance, repair, and management to make it suitable for the responsibility of living.

The toilet of the house involved in the case was installed by the defendant, Hu Mou, from the investigation conclusion of the joint investigation team of Shanghai Baoshan District, can be concluded that it is precisely because the toilet has defects that the tragedy occurs.

Hu did not ensure that the house was in a state of safe use, and did not fulfill its obligations to maintain, repair, and manage, causing the toilet to have a shortage of water seal. As a result, Jiang Moufeng, the daughter of the two plaintiffs, should bear the liability of infringement.

The landlord Hu was argued in the first instance that he did not agree with the plaintiff's request.

Hu Mou believes that the acid rain is caused by typhoons, the typhoon stirring has nothing to do with him, and the use of acidic cleaner is also improperly used. The toilet is demolished and tested by many experts. There is no problem. The toilet is not damaged and no need to replace it. The source of hydrogen sulfide is doubtful that the toilet cannot produce hydrogen sulfide, and hydrogen sulfide has nothing to do with the landlord.

After the incident, the local town government has subsidized the relevant expenses of the plaintiff.

In addition, after the court's trial, Jiang Moufeng's parents had received more than 300,000 yuan in custody of government departments after Jiang Moufeng died.

The court of first instance believes that according to the evidence provided by Jiang Moufeng's parents and the situation that the court learned from the public security organs, the tragedy of this case was comprehensively promoted by the four reasons of acid rain, typhoon stirring, flushing toilet and toilet water seal.

The low sealing of the toilet water involved in the case has a certain impact on the incident, but Hu as the lessee provides the lessor to provide the toilet for daily life. The hydrogen sulfide itself is not possible for the toilet, and the lease time involved is short. Hu also made less profit.

The court of first instance comprehensively considers the size of the toilet water seal on the incident, the actual situation of the lease contract involved in the case, and the rationality of all kinds of losses claimed by Jiang Moufeng's parents. The fee (transportation fee, misunderstanding costs are funeral expenses), spiritual soothing and lawyers' fees of 50,000 yuan, rejecting other lawsuits from Jiang Moufeng's parents.

The end of the trial of the second instance will be finalized

For the results of the first trial, Jiang Moufeng's parents refused to accept and appealed.

On the afternoon of September 6, the second trial of the case opened in the trial.

On the evening of the 6th, Zhou Zhaocheng, an acting lawyer of Jiang Moufeng's parent, told reporters that during the trial, the court of the second instance first confirmed the fact that the first trial was determined by the two parties.

The tragedy of this case was comprehensively promoted by acid rain, typhoon stirring, flushing toilet and toilet water seal. "In today's court trial, the reason why we believed that the landlord had the responsibility is because the toilet water sealing of the house involved in the case caused the tragedy in this case. We believe that the landlord was fault."

Zhou Zhaocheng said that as a landlord, he should ensure that the house is in a state of safe use; some witnesses have also confirmed that they have proposed to the landlord's defects that are too low in water sealing of the house to the landlord, and the landlord did not repair the fault in time.

Therefore, in accordance with the "Civil Code", the housing lessee has the obligation to guarantee the defective guarantee and should ensure that the rental house meets the agreed use. The plaintiff is a lessee. The object enters the bathroom and leads to tragedy, so the landlord should take responsibility.

On the afternoon of September 6, a reporter from Da Anhui contacted Ms. Zhang, a mother of Shangjiang, and told the reporter that the content of the trial of the two parties in the afternoon was similar to the first trial.

However, Ms. Zhang said that although the compensation of the first trial was very low and it was not reasonable enough, it was not the most important thing about the amount of compensation.

Ms. Zhang said, "Compare the heart to the heart, anyway, people are in your rental house, you have no heart warm comfort, and because the rental house has not been moved away, he sued us It is said that this has intensified the contradiction between the two sides, and they have to choose to pick up legal weapons to protect their legitimate rights and interests.

The second trial of the case has ended, but it has not been sentenced in court.

Dahui News reporter Zhu Qingling Source: Xin'an Evening News

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