Jimu news reporter Zhao Delong
A young couple in Anhui Province died mysteriously in their rented home in Shanghai, and after being investigated by the Shanghai police, the two were caused by inhalation of hydrogen sulfide gas poisoning. After this incident occurred in 2019, the woman's parents sued the landlord in court, requesting that the landlord be sentenced to compensation for death compensation and other expenses totaling more than 993,000 yuan.
On January 4, the case was heard at the Baoshan District People's Court in Shanghai, and Jimu News reporters learned from the woman's family that the case had not been pronounced in court.
Young couples die mysteriously in the bathroom
On January 4, the woman's father, Mr. Jiang, told Jimu News that in 2019, his 23-year-old daughter Jiang Caifeng and 24-year-old son-in-law Cao Daojun were in the milk tea business in Shanghai. The daughter's son-in-law's hometown is from Yingshang County, Anhui, and the two elderly families are also in Shanghai.
"The two of them are in the dry goods business in Shanghai and live with their daughter and son-in-law." Mr. Jiang said that in April 2019, the family father and the defendant Hu signed a "Housing Lease Contract", stipulating that Hu would rent a two-bedroom and one-room house located in Baoyang Road, Baoshan District, Shanghai to the two couples and Cao Daojun and Jiang Caifeng.
Recalling the events of two years ago, Mr. Jiang was extremely heartbroken. He said that according to his mother afterwards, at noon on August 11, 2019, due to a typhoon in Shanghai the day before, it was raining lightly that day, the weather was sweltering, and the daughter and son-in-law wanted to go to the milk tea shop later. At this time, Jiang Caifeng received a message from her mother-in-law and asked her to go to her mother-in-law's dry goods store for lunch, and she thought of going to the bathroom to call her son-in-law to go to dinner together, but she did not expect that neither of them came out.
Jiang Caifeng's mother-in-law returned home, only to find that the two were unconscious and eventually did not rescue them. According to the forensic science research institute, the cause of death of Jiang Caifeng was inhalation of hydrogen sulfide gas poisoning.
After the incident, the family of the deceased suspected that he had killed the two and called the police. In October of the same year, the Baoshan Branch of the Shanghai Municipal Public Security Bureau decided not to file the case because the "case of releasing dangerous substances" filed by the family of the deceased was found to be innocent of the crime after review by the bureau.
The staff of the Shanghai Baoshan District Public Security Fire Detachment stated that at the time of the crime, when the water release switch of the toilet in the house involved in the case was pressed, hydrogen sulfide quickly exploded, but after the entire unit was tested, only the house involved in the case and the house downstairs detected hydrogen sulfide. On November 5, 2019, Shanghai Baoshan District set up a joint investigation team composed of fire protection, housing management, public security and other departments to investigate the case, and the results of the investigation concluded that the source of hydrogen sulfide was caused by the following four factors: first, acidic rainwater; second, typhoon agitation; third, residents washed toilets; fourth, accident toilets were defective due to low water seals.
The family sued the landlord for a dispute over the right to life
Mr. Jiang said that after the incident, the relevant departments in Shanghai gave the two families a total of 700,000 yuan in humanitarian compensation, but the landlord did not express sympathy to their families, and even sued them in court on the grounds that they did not remove the items in the rental house in time.
Mr. Jiang said that according to her mother's previous account, she had asked the landlord about the toilet toilet being broken. They believe that the landlord, as the lessee, also has a certain responsibility for the tragedy, and on July 9, 2020, they formally sued the landlord Hu Mou with the Shanghai Baoshan District People's Court on the grounds of the right to life dispute, requesting that the landlord be ordered to compensate for death compensation and other expenses totaling more than 993,000 yuan. The Shanghai Baoshan District People's Court has accepted the case and held its first hearing on August 2, 2020, and another session on January 4, 2020.
"Today is the online video trial, we did not arrive at the scene." Mr. Jiang said, but the verdict was not pronounced in court that day. According to Zhou Zhaocheng, a lawyer representing the woman's family, the fact and legal basis for the family's lawsuit against the landlord is that the Shanghai official investigation results believe that the source of hydrogen sulfide that caused the death of the shanghai couple included the defective toilet due to the low water seal.
Zhou Zhaocheng said, "We also learned from the mother of the male deceased that he had complained to the landlord about the toilet of the house involved in the case being too old and that there was a problem with the water seal, but unfortunately the landlord ignored it and did not carry out repairs in time, resulting in the tragedy of this case." According to Article 708 of the Civil Code and Contract Part of the People's Republic of China, the lessor has the obligation to provide safe and livable housing to the lessee and to maintain the facilities in the house. However, in this case, due to the safety hazards of the house involved, the landlord as the defendant should not rent it out to the outside world. Or after eliminating the safety hazards, it can be rented out, but the defendant has not fulfilled the above obligations, so as the plaintiff's lawyer, we believe that the landlord should be liable. ”
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