The villagers were accidentally fell into the water and drowned their families to sue the village committee to claim 850,000 to be rejected

Author:Hubei Daily Time:2022.09.21

Correspondent of the Dynasties of the Temple of the Destiny

Chutian Metropolis Daily News (Reporter Zhou Pingying Correspondent Liang Jun Tao Mingxin) The villager He Mou walked and fell into the village weir pond drowning and died. On September 20, Jimu Journalists were informed that the Zaoyang People's Court concluded the case of life rights, health, and physical rights disputes, and decided to reject He's family's claims in accordance with the law.

The accident occurred on April 6 this year. He (female, 61 years old), a village in Qifang Town, got up in the morning to take a walk in the morning and accidentally fell into the roadside weir pond drowned. His family members said that a village, as the manager of the weir pond, did not set up a safety guardrail around the weir pond, did not set up a safety warning signs, and did not fulfill the responsibility of safety management. It was a direct cause of Hemou's death and should be liable for all compensation.

The village committee argued that the weir pond was formed naturally and existed for a long time. Later, the municipal government's drought reform project was deeply excavated and storage was used for irrigation in the village, and a guardrail was built on the side of the road. The village committee has fulfilled his management responsibilities; He is an adult, and he does not take the road far away from Yantang, but walks to the small roadside of the weir pond, causing a drowning to die. At the first time the incident, his family members did not report to the police, unable to rule out suicide and his suspicion of killing him, and they were responsible for their death.

After the trial, the court believed that there was no electronic monitoring at the scene of the accident and could not restore the process of He Mou's falling water. The family members of the deceased called the police the next day. He did not rule out suicide or he was suspected of killing.

The history of the weir pond is formed by the open waters. It was previously lighter due to the silt. Last year, the dredging of the drought reform project was used for water storage irrigation. The "depth of water is dangerous, the water is prohibited", the water depth is dangerous, the water is prohibited, the swimming is strictly prohibited, and the two safety warning signs are cherished by cherish life. Prompt for obligation. As for whether the fence should be installed on the side of the village near the village, it is not the legal obligation of the village. Because the weir pond is mainly used for water storage irrigation, it has not engaged in business business such as fishing and swimming. Destiny, we cannot take the basis for responsibility on the grounds of undefined fences.

The deceased, as a person who has a complete civil act, should know the surrounding environment of the weir pond. When walking, he should have the obligation to pay attention to the obligations of safety, drowns into the water, and should bear all responsibilities in cope with his death. Even if the stroke of the cerebral infarction is unclear, the guardian should strengthen the supervision responsibility. Due to the poor guardianship, He Mou's drowning is not drowned when he takes a walk. Therefore, his family members' complaints were unreasonable and did not support it.

"Preventing drowning, prevention is the key." The case of the undertaking judge said that the case of He Mou's drowning death in this case once again sounded the alarm for us, and reminded the administrative villages (communities) to continuously strengthen open waters such as the underwater ponds and reservoirs in the jurisdiction. The hidden danger investigation and management, timely set up drowning safety warning signs, and can be set up in dangerous areas, fences, protective fences, etc. For operating waters, safety facilities and life -saving equipment should be set up to timely eliminate hidden dangers, minimize and curb drowning accidents. Essence

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