["Dian" every Monday] Children fall into the well, who should be responsible for?

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Introduction to the case

On July 19, 2021, Di Mou watched his three -year -old child in a company in a company in Wushu County, Aksu. Soon, Di Mou found that the child was missing and hurriedly signed with his brother Ah Mou. Eventually, a child who had drowned was removed in a company in the company. Di Mou repeatedly negotiated compensation to the company, but failed to reach an agreement, and then sued the company to the Ush County People's Court.

Court decision

The court trial believes that the deceased is a person with no civil abilities. His mother Di Mou, as a legal guardian, has the obligation to protect the child and should have actively fulfilled the duties of guardianship, but because he brought the child into a strange environment Children's guardianship management, who is only three -year -old children from the monitoring and falling into the defendant's company Shui Shijing drowning and dying, they should bear the main civil liability.

At the same time, the defendant's company, as a manager, did not replace the manhole cover in time, did not set up a security warning sign, and the defendant's company did not submit the evidence to prove that he had fulfilled the responsibility of security guarantee. Take the secondary civil liability.

In the end, the court ruled that the company compensated Di Mou's children's death compensation, funeral expenses, and misunderstanding fees during the funeral period of 226,906 yuan.

Law link

"Protection Law of the People's Republic of China"

Article 18 Parents or other guardians of minors shall provide a safe family living environment for minors, and timely exclude hidden dangers of safety hazards such as electric shock, burns, and falling; Dharma rules and other measures prevent minors from being harmed by traffic accidents; improve the awareness of outdoor safety protection, and avoid accidents such as drowning and animal damage in minors.

"People's Republic of China"

Article 1,258 The damage to others in public places or on roads, renovation and installation of underground facilities, etc. Those who cannot prove that they have set up obvious signs and safety measures, shall bear the liability for infringement.

Underground facilities such as Yaojing cause damage to others. If the manager cannot prove that he has done his duties, he shall bear the liability for infringement.

Author/Hai Xia

Edit/Chen Nan

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