Source: Liaoshen Evening News
Drilled into a water plant in Shenyang in the middle of the night
The result is an accident
Drowned in the factory area
60 cm deep landscape pool inside
The family of the deceased did
Considering that the supervision of water plants is inadequate,
took the water plant to court,
Apply for compensation of more than 780,000 yuan.
How did the court decide?
According to the video of the water plant in Shenyang, at 00:12 on August 31, 2019, Chen Mou (pseudonym) entered the factory area from the gap in the gate of the factory area, and then poured into a landscape pond where fish farming was in the factory area, when the water depth was 60 centimeters, and Chen unfortunately drowned.
(Network pictures, pictures and text have nothing to do)
Chen's family believes that the victim entered the defendant's factory area through the gate and the body was not found until 5 p.m., which lasted up to 17 hours. The factory gate is unattended at night, there are protective loopholes in the telescopic gate of the gate, there is no protective fence and other protective facilities and warning signs around the edge of the pool in the courtyard, there is no effective monitoring camera facility near the landscape pool, etc., so that the victim can enter the hospital, and at the same time, due to the lack of security work of the defendant unit, chen's death was not caused, and after the death was not found in time, the water plant was requested to bear the liability for personal injury, and the compensation for funeral expenses and other losses totaled more than 780,000 yuan.
The defendant water plant said that the factory area is a water source area, it is strictly forbidden for outsiders to enter, it is not open to the outside world, it is not a public place, and it has a gatekeeper, a public security warning sign that reads "water source heavy place, it is strictly forbidden to enter", and there is an access control during the day and at night. In the middle of the night, Chen took advantage of the lack of security personnel to escape supervision and sneaked into the defendant's factory area from the bottom gap of the electric road gate. This practice is illegal and grossly unreasonable.
The water plant believes that there is no danger of employees moving around or watching fish fall into the water, so there is no need to install guardrails, set up warning signs or install cameras. Moreover, the factory area is not open to the public, and the water plant should not bear any responsibility for Chen's death.
The Shenhe District People's Court of Shenyang City held that the water plant, as a production enterprise, is not a public entertainment place, its factory area belongs to its exclusive enclosed area, others are not allowed to enter the factory area without its consent, the deceased Chen X entered the factory area in the middle of the night when the doorman was not prepared, and its responsibility did not lie in the water plant, but in itself, especially Chen X suffered from mental illness, and his son did not fulfill his guardianship duties as his guardian, and had an unshirkable responsibility for this, so Chen X's family claimed that the water plant did not fulfill its duty of care and did not prevent the deceased from entering the factory There is a fault and there is no legal basis, and the litigation claim of Chen's family is rejected.
On January 28, 2021, the Shenyang Intermediate People's Court rendered a final judgment on the case: the appeal was rejected and the original judgment was upheld.