Duan Hongnan, a 22-year-old Internet celebrity with 6 million followers, was electrocuted while fishing in a fish pond, and his family took the owner of the fish pond and the power supply company to court.
On April 10, a reporter from Huashang Daily Gale News confirmed from the family and lawyer that the second instance of the case was tried in the Changchun Intermediate People's Court.
>>> net red fish pond fishing
He was hit by tens of thousands of volts of high-voltage current and fell into the water and died
On September 7, 2020, Duan Hongnan was electrocuted in the fish pond of Dongdao Village, Xiaochengzi Road, Kuancheng District, Changchun City, Jilin Province, and tens of thousands of volts of high-voltage current hit him instantly, and 22-year-old Duan Hongnan fell into the water and died.
The incident occurred in a fish pond
"At the time of the incident, someone among the four people who was with him called him: 'Hong Nan', come up to the north, there is a fish in this piece', my son fell into the fish pond after being electrocuted. Ms. Cheng told the Huashang Daily Gale News reporter that it was raining that day, and after the incident, she saw at the scene that the fishing rod and fishing line used by her son were 5.7 meters long, and the fish pond of more than 200 square meters was a private club, and the high-voltage line set up at the scene was five or six meters high.
On September 8 of that year, the Kuancheng District Branch of the Changchun Municipal Public Security Bureau issued a "Notice of Cancellation of Household Registration of Unnatural Death" to the Xianfeng Township Police Station, which stated: "Duan Hongnan died due to accidental electrocution".
On October 9 of that year, the Yi'an County Pioneer Health Center issued the "Medical Certificate of Resident Death", which stated: "Duan Hongnan was electrocuted".
>>>死者父母遭网暴
"The so-called Internet celebrity is misleading to electrocution of the high-voltage line by throwing the pole himself"
"Wudaokou Hongnan", Duan Hongnan was a well-known Internet celebrity anchor before his death, and he had filmed many short video works, and gained more than 6 million fans with his excellent appearance and superb acting skills. Outside of acting, his biggest hobby is fishing.
Duan Hongnan was a well-known Internet celebrity anchor before his death
In the past Qingming Festival in 2024, Ms. Cheng and her husband went to pay tribute to their son again, "we went to see the child...... Ms. Cheng could not let go of the loss of her only child, and she hoped to have an explanation for her son.
On April 10, Ms. Cheng told a reporter from Huashang Daily Gale News, "The reason why the electrocution case was brought to court again after two years was mainly to find out the truth about Hongnan's death." ”
"On August 1, 2023, the first trial began, and we learned that the child had an accident at about 3 pm on September 7, 2020, and false information on the Internet had spread on many platforms, but we, as parents, only knew about it when we saw the child's body at the funeral home eight or nine hours ago. At that time, we were all confused, and we thought that the child was throwing the pole on his own. ”
Ms. Cheng hopes to clarify the facts through the media, "After Hong Nan's death, some unscrupulous self-media fanned the flames on the Internet, wantonly spread rumors, misled fans that Hong Nan was electrocuted by throwing the high-voltage line himself, and also misled fans to say that our parents were blackmailing money, and even online rumors and fake surveillance videos were even more out of rhythm, making us not only lose our beloved son, but also suffer cyberbullying." ”
"In December 2023, the court of first instance ruled that Hongnan did not intentionally cause the danger to occur, and I am grateful to the court of first instance for finding this fact," Ms. Cheng said. ”
On the afternoon of April 10, the second-instance trial of Duan Hongnan's electrocution death case was held in the Changchun Intermediate People's Court. Before the trial, Ms. Cheng told a reporter from Huashang Daily Gale News: "Based on the facts and the law, I hope to get an effective fair and just judgment, so that the deceased will no longer be smeared and will no longer bear the blame." ”
>>> first trial compensation of 680,000 yuan
The electricity company and the owner of the fish pond bear 30% and 50% of the compensation respectively
On December 29, 2023, the first-instance civil judgment of the Nanguan District Court of Changchun City showed that the Changchun Suburban Power Supply Company of State Grid Jilin Electric Power Co., Ltd. argued that Duan Hongnan's fishing near the high-voltage line was an illegal act, and the illegal act was the main cause of his death, and he should bear the consequences.
The owner of the fish pond argued that he had not committed the tortious act of "setting up his own fish pond on farmland with high-voltage lines and opening it to the public for fishing without the approval of the relevant departments", and Duan Hongnan was seriously at fault for the occurrence of the consequences of the electric shock.
The high-voltage line was erected in 2006, first with the fish pond, and then the high-voltage line was erected. The fish pond leased by it is not operated externally and is for its own use. Duan Hongnan came to fish in the fish pond through someone else's introduction, and he did not charge any fees, and the relationship between the two parties was not a consumer service relationship.
High-voltage lines above the fish pond
The court held that the power supply company was the operator of the power supply line involved in the case, and there was no evidence to prove that the damage caused was intentionally or by force majeure of the victim, so the company should be liable for no-fault compensation for the reasonable losses caused by the electric shock.
Duan Hongnan, as a person with full capacity for civil conduct, failed to fulfill his obligation to pay attention to his own safety when fishing on a rainy day, and was negligent in the occurrence of damage, and the liability of the power supply company should be reduced in accordance with the law, and the court decided that the exemption ratio was 20%, and the 20% liability ratio was partially borne by Duan Hongnan.
At the same time, the court found that the owner of the fish pond was at fault for the occurrence of the damage consequences. Based on the facts of the case and the transcript of the public security interrogation, the court decided that the power supply company should bear 30% of the compensation and the fish pond owner should bear 50%.
The court ruled that the power supply company should compensate Duan Hongnan's parents for death compensation, funeral expenses, and solatium for mental damage of 256,330.2 yuan, and that the owner of the fish pond should compensate the deceased's parents for death compensation, funeral expenses, and mental injury solace of 427217 yuan, and the two defendants were awarded a total of 683,547.2 yuan in compensation.
>>> the point of view of the lawyer
The power supply company bears the no-fault liability, and the fish pond owner bears the fault liability
Lawyer Zhou Zhaocheng, the agent ad litem entrusted by Ms. Cheng, pointed out in an interview, "The court of first instance of the case has ruled that the power supply company and the owner of the fish pond should compensate Hongnan's parents for a total of more than 680,000 yuan. ”
Lawyer Zhou Zhaocheng and Duan Hongnan's parents
Why did the court of first instance hold the power supply company and the owner of the fish pond liable? Zhou Zhaocheng made an analysis of this:
First of all, the power grid company bears "no-fault liability". This stems from Article 1240 of the Civil Code, which stipulates that the operator shall bear tort liability for those who engage in high-altitude, high-pressure, underground excavation activities or use high-speed rail transport vehicles to cause damage to others. The operator shall not be liable unless he can prove that the damage was caused intentionally or by force majeure of the victim.
In this case, even if the power grid company, as the operator of high-voltage electricity, was not subjectively at fault, the operator should be liable for the damage caused by the high-voltage power itself, due to the extremely high danger of high-voltage electricity. Hongnan's death was not caused by his intentional act or force majeure, so the power grid company needs to bear tort liability for this.
Secondly, the owner of the fish pond bears the "fault liability". The principle of fault liability requires that if the actor infringes on the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. In this case, the owner of the pond opened a pond under the high voltage line and allowed others to fish, which in itself was a wrongful act. "He should have foreseen the risk of electrocution when fishing under high voltage lines and take the necessary measures to prevent this danger from happening. However, he did not do enough to cause Hongnan to be electrocuted. Therefore, the owner of the fish pond needs to bear tort liability for his fault, and even needs to bear a large proportion of the fault. ”
Zhou Zhaocheng reminded, "When you go out, you must pay attention to the high-voltage warning signs or poles, and pay attention to the safety warning signs set up around the fish pond." At the same time, the owner of the fish pond should install a fence or barrier for the fish pond to prevent anglers or other personnel from entering the dangerous area of the high-voltage line. ”
Zhou Zhaocheng suggested that if the fish pond is close to the high-voltage line, the fishpond owner should communicate with the local power department to understand the relevant regulations and safety requirements, "If necessary, you can ask the power department to assist and take safety measures, such as adjusting the location or height of the high-voltage line, to reduce the risk of electric shock." ”
Huashang Daily Gale News reporter Li Hua edited by Dong Lin
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