Children drowned in the reservoir.

Jia Yongjiao

Case

Wang's 6 -year -old daughter of a farm employee in Jinghe County likes to play water. In July, in the process of playing with other children to play with water storage ponds, she accidentally fell off the pool and lost her life.

Wang, who is very sad, believes that the management of the pool has poor management and security vulnerabilities to lead to drowning of his daughter. The manager asked the manager to bear more than 500,000 yuan in the child's death compensation, funeral expenses, and mental damage.

Law

Article 1,165 of the "People's Republic of China" stipulates that if a perpetrator damages the civil rights and interests of others due to fault, it shall bear the liability for infringement. It should be preserved in accordance with the law that the perpetrator is faulty, and if he cannot prove that he has no fault, he shall bear the liability for infringement.

Interpretation

Zhao Xin, the trial judge of the Civil Trial of the Intermediate People's Court of Boltala Mongolia Autonomous Prefecture, introduced that the reservoir in the use is a public place that may occur in danger. Managers should fulfill the prominent warning signs and prevent drowning propaganda to the masses. Education, regular inspections and elimination of hidden dangers and other necessary prevention damage are obligated. If the corresponding security obligations are not fulfilled, it should be considered a fault, and the wrong party shall bear the corresponding civil liability.

"In the second trial, we explained to the advice manager to explain the law and stipulated that they explicitly stated that they did be damaged in the process of managing the reservoir, no obvious warning signs, non -irrigation storage pool water storage, and no one to take care of during the management of surrounding protective devices. The omissions in safety protection. "Zhao Xin said that after the interpretation of the analysis, the manager realized that his own problems, and eventually formed the case.

Zhao Xin introduced that although the case ended, the death of life was unable to recover. He calls for summer vacation to be a high incidence of drowning accidents in primary and secondary school students. It is necessary to strengthen the safety net of children's drowning by strengthening the guardian's supervision responsibilities, school safety education responsibilities, and safety guarantee obligations of all units in the society to prevent such tragedies from re -reinstatement occur.

(Reporter Yang Shuhan compiled)

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