Ms. Li is 4 1 year old and got married at the age of 28. Her husband, Mr Zhou, is three years older than him. After marriage, they have never been able to have children. After so many years of running around and seeking medical treatment everywhere, Ms. Li finally got pregnant and gave birth to her daughter Yan Yan on 20 15 1 18.
After the child died, they reported the case to the local public security organ, and the police immediately seized the surveillance video around the incident site, and conducted a door-to-door investigation on the surrounding residents (residents on the 2-8 floors at the time of the incident) and extracted the fingerprints and DNA of these residents. Then a technical comparison was made, and other residents provided the public security organs with relevant evidence that they were not present on the day of the incident, but unfortunately, no throwing exercise was found.
Because there has been no injurer, Mr. Zhou, in desperation, sued all the owners of the building closest to the incident and demanded that the defendant compensate for the loss of more than 790,000 yuan.
The residents of the defendant raised an objection, saying that this community is open and does not rule out throwing by outsiders; Some residents also said that they were far away from the incident site, so it was impossible to throw them away and refused to bear the obligation of compensation. However, their defense court was not established and the plaintiff was compensated according to law.
Although most of them are wrong, because only one person committed the infringement in this case, that is to say, if the perpetrator is not found, as long as the owner or user of the house can't prove that he was not at home at the time of the incident, there is no fault in it, so he should be presumed to be at fault.
The plaintiffs are all working-class, and the plaintiff Mr. Zhou works in Santai County, Mianyang City. In order to protect the weak and show social fairness and justice, the court stipulated in Article 87 of Tort Liability Law? Disputes over liability for damage caused by unidentified throwing or falling objects? Applying the principle of presumption of fault, it is determined that the residents of the building should share the plaintiff's losses.
Only in this way can we soothe the trauma of the victims, let them get out of their nightmares and save a family; If we don't do this, we can't achieve the purpose of warning, punishing and educating offenders. Only in this way can the perpetrators learn a lesson, and it is also a warning to others, and it can also achieve the purpose of letting citizens move within the scope of safety, rules and order, and demonstrating social fairness and justice.
The judgment of the court was issued in September 2020, and the building owner 12 1 household was sentenced, and each household compensated the plaintiff, namely the victim, with 3,000 yuan. During this period, the plaintiff has been waiting for a long time, and the suffering of the Zhou couple is beyond the understanding of ordinary people. No one can understand the pain of losing their beloved son, and no one can feel their helplessness and helplessness.
Therefore, after the court's decision, the child's father, Mr. Zhou, felt a little gratified, not excited, because he finally got back justice for the child and had a preliminary result.
Losing a child is the greatest pain. No matter how much compensation is paid, they can't heal their wounds. Every time I think of my children, my heart aches faintly. So use it? Excited? This word is not accurate, what's more, Mr. Zhou hasn't got the money yet, and there are residents who refuse to accept the judgment and appeal.
After the first child was smashed to death, his wife has been touching at the scene, so he handled a lot of things about children. Later, she conceived another child and gave birth to a son in August of 20 17. Our focus is on the children now, and his wife is a little better. ? Mr. Zhou said.
In recent years, with the acceleration of urban construction, there are more and more residents in residential areas, and tragedies caused by high-altitude parabolic objects occur from time to time. This case has awakened us to be civilized citizens so as not to do harm to ourselves and others.