Danzhou man Wu Xiu was killed when others were watching the construction site of the relocated pole when he was hit by a falling pole. After the incident, Wu Xiu's family sued the construction worker Wu Wei and the owner of the telephone pole. Recently, the Hainan Second Intermediate People's Court rendered a second-instance judgment on the case in accordance with the law, and Wu Wei, Danzhou Branch of China Telecom Co., Ltd. and Hainan Communications Construction Co., Ltd. should compensate the family of the deceased for various losses totaling 249,075.53 yuan, 18,067.22 yuan and 18,067.22 yuan within 15 days of the effective date of the judgment. (Reporter Wu Jiasui)
The man watching the construction was killed by a falling telephone pole
On October 23, 2017, Wu Wei began excavating the foundation of a homestead in Fenghua Village, Yaxing Town, Danzhou City, and the Sheng Village Committee, exposing half of the buried part of the bottom of a telecommunications cable pole at the edge of the homestead.
According to the Danzhou regional integrated maintenance technical support service contract signed by Danzhou Branch of China Telecom Co., Ltd. and Hainan Communications Construction Co., Ltd., the communication construction company will provide technical support for telecommunications facilities in Danzhou from July to October 2017, including the maintenance and repair of optical cables and pole roads.
On October 28, 2017, after the staff of the communication construction company found that the buried part of the bottom of the pole of the telecom optical cable on the edge of Wu Wei's homestead was excavated and exposed, they took a photo of the situation and uploaded it to the WeChat group of "Danzhou Telecom Yingwei Group", and then the staff of the communication construction company went to the site on October 29, 2017 to investigate, according to the communication construction company, the survey was only to formulate a relocation plan.
At about 15:00 on October 30, 2017, Wu Wei continued to work on his homestead and began to relocate the poles that hindered his construction and construction, and when he saw Wu Xiu and others in the same village watching near the scene, Wu Wei asked Wu Xiu, a village cadre in Fenghua Village, to ask Wu Xiu and others to leave, and after a dialogue between Wu and Wu Xiu and others, Wu Xiu and others walked to the vicinity of Huang Mouneng's house opposite the village road, and then because Wu Wei moved the pole, the pole fell down towards the direction where Wu Xiu was standing, and Wu Xiu could not avoid being hit by the pole and died.
It was also found that Fu was Wu Xiu's wife, Wu Jia, Wu Yi, Wu Bing, and Wu Ding were wu Xiu's children, and Fu and five others and Wu Xiuben were all local residents.
The second-instance judgment: The family of the deceased was awarded more than 285,000 yuan
After the incident, Fu and others sued for compensation. The court of first instance held that, first of all, the accident in this case was directly caused by Wu Wei's behavior, who excavated half of the buried part of the bottom of the telecommunications line pole without unauthorized construction, and then did not wait for the telecommunications company to send personnel to come to the construction, but continued to work on the grounds of custom, causing the pole to fall and hit Wu Xiu and cause him to die, and Wu Wei's behavior was obviously at fault. Secondly, Wu Xiu himself, as an adult with full capacity for civil conduct, should have been able to foresee the potential danger that Wu Wei's relocation of the pole might lead to the collapse of the pole, but he was still not far from the construction site, and he was also at fault for the final damage result.
China Telecom Danzhou Branch, as the operator of the telecommunications line pole involved, and the communication construction company as the maintenance obligor of the telecommunications line pole involved, the second company did not take timely measures to eliminate the danger after learning that the buried part of the pole involved was excavated and exposed, nor did it explain to Wu Wei the possible risks and inform him that it could not continue construction, and the second company failed to fulfill the safety guarantee obligations corresponding to its ability and responsibility, and was at fault for the occurrence of this accident. For the losses caused by the death of Wu Xiu and other 5 people caused by the accident, It was decided that Wu Wei would bear 80% of the responsibility, China Telecom Danzhou Branch and The Communications Construction Company would each bear 5% of the responsibility, and the remaining 10% would be borne by Wu Xiu. After trial, the court rendered a first-instance judgment in accordance with the law: Wu Wei, China Telecom Danzhou Branch and Communications Construction Company shall compensate the deceased's family for various losses totaling 249,075.53 yuan, 18,067.22 yuan and 18,067.22 yuan within 15 days of the effective date of the judgment. Wu Wei appealed against the first-instance judgment. After trial, the Hainan Second Intermediate People's Court made a second-instance ruling in accordance with the law: the appeal was rejected and the original judgment was upheld. (The characters in the text are pseudonyms)