Who is to blame? Qingdao, Shandong, Old Fan took the oxygen cylinder, went to the bottom of the repair yard to pick up scrap iron, but unexpectedly, the dock inlet suddenly opened, Old Fan was sucked dead, fell at a high speed, and the two on the wooden boat on the sea surface

Who is to blame? Qingdao, Shandong, Old Fan with oxygen cylinders, to the repair yard seabed to pick up scrap iron, unexpectedly, the dock inlet suddenly opened, Old Fan was sucked dead, fell at a high speed, the two companions on the wooden boat on the sea surface, quickly pulled the rope to rescue, but to no avail, in the end, Old Fan unfortunately drowned, a companion involved in the salvage said that during the rescue, you can still feel the suction of the dock inlet.

Afterwards, the family sued the shipyard to the court, blaming them for careless observation when opening the gate, let alone warning, and should bear the liability for infringement compensation.

  #Dawu Legal Observation ##Action to Popularize Law #Case Source: China Court Network

The comprehensive two people on the boat can not pull the old Fan, the companions involved in the underwater rescue also said that the suction of the inlet is very large, it can be considered that the drowning of the old Fan is caused by the suction caused by the shipyard operation.

However, the premise of the encroachment liability is that the fact is fault, and although there is a causal relationship between the operation of the shipyard and the death of the old Fan, it is the premise that the shipyard is at fault. There is fault, there is responsibility; no fault, no responsibility, this is the simplest truth.

For example, in legitimate defense, the defender injures the infringer, it seems that the defender is the perpetrator and the infringer is the victim, but the law holds that in this case, the perpetrator is not at fault, and there is no need to bear criminal liability or civil compensation liability.

In this case, the water intake and drainage of the shipyard dock are normal production and operation, and in the complex marine environment, it is impossible to enclose a closed construction area with iron sheets like roadside construction projects, and it is unrealistic to require the shipyard to perform a special duty of care. Therefore, even if the shipyard did not find Lao Fan and a few other people, it was not a fault.

 On the contrary, the old Fan people regardless of the danger, underwater salvage, but there is a fault in the body, first of all, the qualification problem, this is diving salvage, the operator needs to have diving qualifications, and the salvage operation also needs to be approved by the relevant departments.

The second is the nature of the problem, picking up things, also known as waste picking, normal scavenging is to pick up items discarded by others, can protect the environment, save resources, the law does not prohibit, however, if you go to the scope of other people's production and operations, there is a possibility of suspected theft, especially like shipyard operations, producing a large amount of scrap iron, the amount is not low, from the old Fan several people use oxygen cylinders and other professional equipment can be seen, the seabed to pick up scrap iron, is not a small business.

 In the end, the court held that the shipyard was not at fault and did not need to bear the liability for compensation, and that Lao Fan's picking up scrap iron at the seabed was an illegal act, and that he was at fault and at his own risk.

The spirit of the law in this case can be extended to a lot, there is a fault to be responsible, no fault is no responsibility, for example, the thief steals and then drives away, the owner chases behind, as a result, the thief has a traffic accident, in this case, the thief's damage should be applied to the principle of self-responsibility, which has nothing to do with the master's family, because the owner's chase is a legitimate defense, and the thief's injury is caused by his illegal behavior.

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