In the early hours of this morning, the rescue was completed at the scene of the partial collapse of the Yuecheng Fitness Gymnasium in Huanan County, Heilongjiang. At the time of the accident, there were 7 people at the scene, of which 3 escaped on their own, 1 was slightly injured, and 3 were killed. And in July this year, the gymnasium of Qiqihar No. 34 Middle School also collapsed, and 11 people were killed when the accident occurred.
In just a few months, there have been two collapses, which can't help but make people pay more attention to safety issues. In the face of tragic safety accidents, who is responsible? How should the legal liabilities of the parties be borne? This article will answer your doubts by summarizing the gist of the referee~
01
Where the collapse of buildings and other facilities is caused by the joint causes of the developer, the manager, the third party and the victim, causing damage to people, factors such as the degree of fault of each party, the ability to avoid risks, the benefits and expectations of each party shall be comprehensively considered when dividing the proportion of each party's liability. Generally speaking, it is necessary to examine the real cause of the collapse of the building, such as quality problems, design problems, the responsibility of the manager or the fault of the infringer, and balance the interests of all parties.
[(2018) Su 1302 Min Chu No. 10241]
Similar case: (2012) Hui Min Chu Zi No. 3453
02
Where a village committee piles up a pile of rocks in a public place, and fails to set up protective measures and warning signs next to the pile of stones, causing a person with no capacity for civil conduct to be injured or disabled by a falling stone, the village committee shall be liable for compensation if it fails to fulfill its safety management obligations. If a person who lacks capacity for civil conduct is released from supervision in the event of an accident, his guardian shall bear certain responsibility.
[Shaanxi Court Network November 9, 2017]
03
If the stacker fails to eliminate the potential safety hazards of possible collapse of the stacked objects under his actual management in a timely manner due to the disability of the victim, and fails to give a safety warning notice, the stacker shall bear most of the reasonable economic losses of the victim. As a person with full capacity for civil conduct, the victim also has certain responsibility for the occurrence of the damage, and should bear part of the reasonable economic losses.
[(2017) Yu 0111 Min Chu No. 34]
Similar case: (2014) No. 0049 of the Second Zhong Bao Min Zhong Zi
01
A third person who infiltrates the campus and demands money and beats a person with limited capacity for civil conduct shall bear tort liability. If the school fails to fulfill its management duties and safety obligations, and fails to step forward to stop the victim in the course of a third party's assault, it shall bear supplementary responsibility commensurate with the degree of its fault.
[Wu Chunqi and Xin Chibing, eds., Interpretation of Tort Liability Law Provisions and Case Analysis, Law Press, 2010]
02
Article 7 of the Interpretation of the Supreme People's Court on Compensation for Personal Injuries stipulates that in cases of campus injury, the school shall bear the civil liability corresponding to its fault. Plaintiff Wu Kai was injured while living at the defendant Shuguang School, and he was not at fault; Although defendant Zhu Chao committed the act of causing harm, Zhu Chao was a minor and harmed others while he was at school. Regardless of whether it is for the perpetrator or the victim, Shuguang School has the obligation to educate, manage and protect. Shuguang School's failure to fully fulfill this obligation was the main cause of the injury accident in this case. The subjective fault of Shuguang School is relatively large, and it shall bear the main liability for compensation for the consequences of the injury. Due to the closed management of Shuguang School, Zhu Chao's guardian was restricted from performing his guardianship duties. Although Zhu Chao's guardian is not at fault, he should also be held responsible, but he should bear secondary responsibility. The plaintiff shall not be held liable.
【Supreme People's Court Gazette Case】
Similar cases: (2017) Anhui 0521 Min Chu No. 301, (2015) Shao Yue Min Chu Zi No. 3492
01
The perpetrator violated safety management regulations, hired unqualified personnel without legal construction procedures, built or rebuilt steel structure buildings in violation of laws and regulations, and organized decoration construction and welding and reinforcement operations in violation of laws and regulations, resulting in major casualties and serious economic losses, and the conduct constituted the crime of major liability accidents; At the same time, forging state organ certificates is used to fraudulently cancel the anti-filing and special industry license approval, which constitutes the crime of forging state organ certificates; In order to avoid the detection of the act, the state functionaries were given money and property, and the illegal acts were allowed to exist for a long time, constituting the crime of bribery.
[(2019) Hu 0115 Xing Chu No. 4207]
02
Violating the relevant safety management regulations in production or operation, causing major casualties or other serious consequences, constitutes the crime of major liability accidents.
[The Supreme People's Procuratorate Releases Typical Cases of Procuratorial Organs Implementing the Supreme People's Procuratorate's "No. 8 Procuratorial Recommendation"]
1. Article 1179 of the Civil Code of the People's Republic of China provides:
Where personal injury is caused by the infringement of others, compensation shall be made for reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal allowances, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
2. Article 1188 of the Civil Code of the People's Republic of China provides:
Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.
Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.
3. Article 1200 of the Civil Code of the People's Republic of China stipulates:
Where a person with limited capacity for civil conduct suffers personal injury during the period of study or life at a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.
4. Article 1252 of the Civil Code of the People's Republic of China stipulates:
Where buildings, structures or other facilities collapse or collapse and cause damage to others, the construction unit and the construction unit shall bear joint and several liability, except where the construction unit and the construction unit can prove that there are no quality defects. After the construction unit or construction unit makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.
Where a building, structure or other facility collapses or collapses due to reasons attributable to the owner, manager, user or a third party, causing damage to others, the owner, manager, user or third party shall bear tort liability.
5. Article 1255 of the Civil Code of the People's Republic of China provides:
Where the stacked objects collapse, roll down, or slide and cause damage to others, and the stacker cannot prove that he is not at fault, he shall bear tort liability.
6. Article 134 of the Criminal Law of the People's Republic of China stipulates: [Crime of Major Liability Accidents]
Whoever violates the provisions on safety management in the course of production or operation, thereby causing major casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.
7. Article 54 of the Construction Law of the People's Republic of China stipulates:
The construction unit shall not require the architectural design unit or construction enterprise to violate laws, administrative regulations and construction project quality and safety standards in the course of engineering design or construction operations, and reduce the quality of the project for any reason.
8. Article 2 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation (II) on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Production Safety" provides:
The criminal entities of the crime of [Major Liability Accidents] include persons such as responsible persons, managers, actual controllers, investors, and other persons who have organization, command, or management responsibilities for production or operations, as well as personnel directly engaged in production or operations.
Written by: Li Jiaxi
-Finish-