Wuping: Who should be responsible for the death of fishing and electricity under high -voltage line?

Bring fishing customs, find a fish pond, and throw a shot! This is the most comfortable time for fishing enthusiasts. However, its hidden safety hazards should not be ignored. Recently, the Wuping County People's Court of Fujian Province concluded a dispute over the responsibility for electric shock damage caused by fishing in accordance with the law.

In April 2021, Wang and Xiu met a fishing pond fishing for a fishing fee of 150 yuan. At 19 o'clock in the evening, when Wang was preparing to collect the fishing rod, the fishing rod touched the high -voltage line above the fishing point, causing Wang to die. Wang's family members then complained to the court of Zengmou, a company, a company, and a power supply company.

The court found that the fish pond was operated by Zeng and it did not apply for a business license. The height of the high -voltage line above the fish pond is 5.7 meters, which meets the standards stipulated by the state. On the day of the incident, the fishing rod was 6.27 meters. The case involved in the case was not set up a safety reminder sign and indicated the protected area.

According to the trial, the court believed that, first of all, the case involved in the high -voltage line owner and an operator was a company. The power supply company was not the owner or operator of the high -voltage line, and did not need to bear the liability for compensation.

Secondly, Zengmou is an operator of a fish pond and operates without licenses. It operates a fishing farm below the high -voltage line, does not take reasonable protection measures on consumers, and has not reminded safety reminders. There are major faults to the occurrence of damage, and the liability for infringement should be assumed to deal with Wang's death.

Thirdly, during the period of operating the high -voltage line, a company, as the owner and operator involved in the high -voltage line, causing damage to others in high -voltage activity, should bear no fault liability. Intentional or non -resistance; at the same time, legal obligations such as regular inspections, maintenance, establishment of safety reminder signs, etc. There are regulatory faults. Therefore, a company should be responsible for Wang's death.

In the end, as a person with a complete civil behavior, Wang Mou had a fault in the fishing behavior under the high -voltage line. The fishing rod used by Wang was more than 6 meters, which exceeded the minimum vertical arc height of the high -voltage line specification, which further increased the danger of the accident. Therefore, Wang must have a major fault in the occurrence of damage, and he should bear part of his responsibility and can reduce the infringement responsibility of a company in accordance with the law.

According to this, the court shall bear 15%of the compensation liability based on the principle of the party's fault and the principle of liability.

Judge reminds: Nowadays, more and more people who love fishing, fishermen should raise awareness of safety prevention and avoid regional activities with hidden safety hazards. As a managing manager of the power supply department and the surrounding venues of the line, we should fulfill the facilities safety obligations, safety warning obligations, and safety management obligations, install power facilities in accordance with national standards and technical regulations, set up safety warning signs in a prominent position, check and maintain equipment and facilities regularly, maintain equipment and facilities , While protecting the safety of others' lives and property, protecting their own rights.

Correspondent Chen Lizhen He Linchang Li Qinglian

Editorial Li Darong

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