The 2 -year -old girl in Hangzhou fell due to the nanny of the nanny: the nanny was lost, and the property did not fulfill the protection obligation
Author:Jinan Times Time:2022.06.26
New Yellow River Reporter: Liu Jinyang
Xiaotao's life stays at 21 months and 26 days.
This is a tragedy that happened in Gongshu District, Hangzhou, Zhejiang on the evening of June 14. At that time, Xiaotao went downstairs with Ms. Wu and Ms. Wu. During the settlement of the elevator, Ms. Wu kept watching her mobile phone. After reaching the first floor, the nanny pulled out the scooter, and Xiao Tao was trapped in the elevator alone. After the elevator automatically rose to the 8th floor, Xiao Tao walked out of the elevator room and crawled up the window of the elevator hall and fell.
The surveillance video showed that from Xiao Tao and Ms. Wu into the elevator, to Xiao Tao crying alone from the 8th floor, the whole process lasted two minutes. Xiaotao's mother, Ms. Zhao, said that in the surveillance video of the unit gate on the first floor, she could clearly hear a loud noise when the child fell. 8 minutes after the child fell, Ms. Wu called the child's father.
On the second day of the incident, Ms. Zhao reported that Ms. Wu's negligence caused Xiaotao to die. The Gongshu District Branch of the Hangzhou Public Security Bureau believes that the case meets the criminal file standard and has conducted investigation. "First investigate the criminal liability of the nanny, and will continue to investigate the civil liability of the nanny and property."
The nanny has been watching the phone, the girl is trapped in the elevator alone
Ms. Zhao and her mother lived in a neighboring unit in the same community. Every time I got, Ms. Zhao's family would go to her mother's house for dinner. On June 14, Ms. Zhao accompanied her mother to the hospital. After dinner, her husband, Mr. Chen, took the child home, and Ms. Wu of the nanny Wu also followed. At this time, Ms. Wu proposed to play skateboarding in the basement with Xiaotao. Mr. Chen told her to go upstairs for 10 minutes and take a bath for the child.
Ms. Zhao said that the surveillance video showed that the child had played less than 3 minutes, and Ms. Wu returned to her grandmother's house with Xiaotao. "The nanny said, going to the grandmother's house to give the child drinking water." After coming out of the child's house, the tragedy happened.
The surveillance video showed that the elevator opened the door on the 15th floor. Ms. Wu entered the elevator with the children's skateboard, and Xiao Tao followed closely. Ms. Wu pressed the key on the first floor. During the settlement of the elevator, Ms. Wu kept browsing the information with her mobile phone. When the elevator reached the first floor, Xiaotao wanted to touch the elevator button with his hand. Ms. Wu took Xiaotao's hand and said, "There will be danger."
Xiaotao's hand was originally held on a scooter. As Ms. Wu pulled out the scooter and walked out, Xiaotao failed to get out of the elevator room. When Ms. Wu turned back to find that Xiaotao hadn't come out, the elevator door was closed.
At 20:05 and 16 seconds, looking at the closure elevator door, Xiao Tao cried and shouted "Auntie, Auntie".
At 20:05 46 seconds, the elevator stayed on the first floor for 30 seconds and started to rise. Xiaotao was trapped in the elevator alone, patted the elevator door, and sat in the elevator room crying.
At 20:06:07, the elevator opened the door on the 8th floor. Xiaotao shouted "Auntie, I'm going out", running out of the elevator door, disappearing in the surveillance video of the elevator room.
After climbing to the window in the elevator hall, the babysitter said "very blame" afterwards
Ms. Zhao said that at that time, the elevator opened the door automatically after reaching the 8th floor. Xiaotao might think that he saw hope and rushed out of the elevator door directly. After crying in the elevator hall, no one answered, Xiao Tao climbed up the window and died from the 8th floor to the platform on the 2nd floor.
After Xiao Tao was locked in the elevator, Mr. Chen received a call from Ms. Wu, saying that Xiaotao couldn't find it, as if on the 8th floor. He immediately called the police, called the property, and ran among the two units of his home and the grandmother of Xiaotao, looking for Xiaotao.
25 minutes later, Mr. Chen found the daughter who fell on the second floor platform of Grandma Xiaotao's unit. "The moment I saw the child, my heart was ashamed." Mr. Chen picked up Xiaotao and took it to the hospital. Ms. Zhao rushed to the hospital immediately. "The doctor announced the death of the child, and I fainted on the spot, and the world was dark."
Ms. Wu is a nanny that Xiaotao's parents just found, and only went to work for a week. Before entering the job, the Qualification Certificate of Mother and Baby Nursing Act was presented. She is only responsible for bringing her children during the day, and is also in the inspection period of the Ms. Zhao's family.
Afterwards, Ms. Zhao's family questioned Ms. Wu, Ms. Wu: Xiao Tao was playing at the garage downstairs. If Ms. Wu wants to bring Xiaotao to drink water, why should she take it to her grandmother's house. When Xiaotao and Ms. Wu were in the elevator, Ms. Wu kept watching her mobile phone. "Ms. Wu is a full -time nanny. She holds a senior mother -to -child caregiver certificate. After professional training, there is no common sense." Xin Huanghe reporter called Ms. Wu and failed to connect. Earlier, Ms. Wu told the media that she was blame by herself and would take responsibility. According to media reports, Ms. Wu said that she looked at her mobile phone and was looking at the chat records with the employer to confirm what dishes I bought the next day. After I found that the elevator stopped on the 8th floor, I also got on the 8th floor, but did not find the child, so I called the child's father.
Ms. Zhao denied her statement. "Children's grandmother's long -term chemotherapy, grandfather's age is high, grandpa has no ability to take care of himself, grandma diabetes and take care of grandpa. So he specially invited a full -time senior aunt who lived in life and care for the baby. People call her to buy food. "
In addition, Ms. Zhao emphasized that the residents on the 8th floor told her that Ms. Wu came to knock on the door for 20 minutes after the child's father knocked on the door. "In the surveillance videos of the unit gate on the first floor, you can hear the sound of the child when he falls. Ms. Wu can also hear it, but 8 minutes after the child falls, the child's father can call."
Ms. Zhao was puzzled. After Xiao Tao had an accident, why did Ms. Wu of the nanny Wu save the child as soon as possible. "After the incident, the nanny told the child's father that at that time, Xiaotao had been out of the elevator, because she had to go in to pick up the branches, and she entered the elevator again. The monitoring could prove that it was a lie."
There is no protective bar in the elevator hall, and the property may bear civil compensation
Ms. Zhao believes that the community property is also responsible. When Xiao Tao cried in the elevator for help, the property did not pay attention to the children who were everywhere in danger and rescued in time. The height of the window sill of less than 50 cm in the elevator hall, and there is no safety protective bar on the window.
New Yellow River reporters called the community involved in the community. The front desk staff said that the window has not yet been installed with a protective bar. I just took over the community a few months ago. For many years, the windows have not been there. After the incident, he has come to condolences to the children's family. In the future, the developer will contribute the protective bar and will continue to pay attention to the matter.
Lawyer Fu Jian, Henan Yulong Law Firm, believes that there is an employment relationship between employers and nanny. As a caregiver, it should fulfill the obligation to take photos agreed in the contract to ensure the safety of the child's life. Children's life and health should bear the liability for infringement in civil aspects.
Secondly, it can be seen through the monitoring screen that the nanny did not look at the child behind the elevator in the elevator room, which caused the child to fail to get out of the elevator in time. Due to his negligence, the child fell into a tragedy. As a nanny, there is no obligation to perform safety care and major faults, and the crime of death is suspected of being lost. According to the provisions of my country's Criminal Law, those who have lost their deaths will be sentenced to three years and seven years. He is sentenced to imprisonment of less than three years.
In addition, the property has not fulfilled the obligation to security. The windows of the owners in the community knew that they had not installed protection measures and did not improve and repair, resulting in children's liability for children to fall.
Xiaotao took a two -year -old photo in advance. In the photo, she was wearing a green dress. Mr. Chen often shoots short videos for Xiaotao to record every moment when the child grows up. Not long ago, Xiaotao officially entrusted, "Don't cry or make trouble."
On June 17, Xiaotao cremated in the funeral home. Ms. Zhao said that Xiaotao's helpless struggle in the surveillance video pierced into her heart like a needle. Xiao Tao climbed up the window in the corridor under extremely fear, and their family was in collapse. "We can't accept the child's unknown death. We must give the child an explanation and let the negligence pay the punishment they deserve."
Edit: Weekend
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