Original title: hangers inserted into the boy's head causing eye rupture, left eye almost blind
Yesterday, the Zhengzhou residential property owners in the QQ group is very lively, everyone in the discussion itself as a defendant. The court informed them before May 30th submit reply and explain the situation.
It turned out that last year, the 15 year old Xiao Yang in the residential area of a high-rise residents downstairs repair shop door, was upstairs down a cement lump hit the left eye, resulting in rupture of the eye, and now almost blind left eye. Xiao Yang and dad a paper petition, the entire building more than 300 households and property to the court, compensation for medical expenses and losses. Currently, the court has accepted the case, the date of the court has not yet been determined.
In the face of this unexpected lawsuit, the residents talked a lot, and some people also made a variety of alibi. But the lawyer said the defendant's innocence was difficult to carry out.
Incident Yang came to Zhengzhou vacation, I did not expect to be hit by cement lump
Before the accident, Xiao Yang can not help but always like to run outside. After the accident, Xiao Yang did not want to go out.
Small Yang lived in a village, Zhoukou County in Xihua last year, the school has had a holiday, at home idle is idle, Tengfei cousin opened an auto repair shop in Zhengzhou, Xiao Yang's coming to my cousin.
Cousin of auto repair shops, opened in the Cultural Road near the intersection of a three District 23 building facade of the house, 18 storey building 23, 340 households.
Not for a few days, Xiao Yang in the auto repair shop door accident cousin. Last November 5th, early in the morning, Tengfei took the van and went out to do business. Out of ten minutes, the cell phone rang. Touch it out, it's a guy from the store. "Your brother has an accident. Come back soon."." Take off, hang up the phone, hurry home, the scene before the take-off, still remember. The blood in the eye socket of the brother has been flowing, and the ground is red.
Xiao Yang was rushed to the hospital. The same day, Xiao Yang's parents came from Zhoukou.
Over the next two months, Xiao Yang underwent two operations. The doctor said Xiao Yang's eyeballs were broken and his eyesight was difficult to recover. One family cry on each other's shoulder.
Listen to the store guy said, when Xiao Yang and Tengfei son is playing at the door, suddenly, a cement pimple, fall from the sky, hit the young Yang heel.
"Who, this?"......" A word did not finish, Yang Yang face up, bang, and a thumb size of cement lump, hit Xiao Yang left eye.
The hospital in Zhengzhou for 19 days, spent 30 thousand yuan, Yang Yang back to the village by his father.
After recuperating, Xiao Yang's left eye could barely open a seam, but nothing could be seen. Even a flashlight in front of the sway, you can only see a spot.
Investigation to find the perpetrators, the owners competing to prove innocence
This, in the end who did it? The day of the incident, his cousin was sent to hospital after take-off went up from door to door if any view, the owners in the decoration, but did not find a home. Monitor off transfer of nearby businesses, only to see the fell down things hit live cousin, can not find other useful information.
Yang was a say, to find a lawyer, the lawyer said, this lump of cement can not find the "master", can be sued the building owners and property. In January 22nd this year, Yang the indictment handed Zhengzhou jinshuiqu courts.
In May 19th, the court posted a lot of publicity in the area, said according to the delivery of a copy of the indictment to the owners, please submit reply and explain the situation before May 30th to the court.
Court publicity, in the district like blowing a gale. The owner of building 23 blew up the pot.
"Who do, hurt us!" the owners are cursing the perpetrators, do not dare.
"I don't know anything about it. What's the matter with me?" more people heard and felt strange.
In order to deal with the lawsuit, the owners set up a special WeChat group, in the group to discuss ways. For the owners, what can be done at the moment is to present a "alibi" to the court". For a time, the owners came up with various ways to prove innocence. Some people to their work units issued regulations, to prove that she was not at home, not the road owners and the location map of his home to the court, to prove that in their own home, impossible in that direction out of cement lump, etc..
In order to safeguard their rights and interests, the owners agreed to hire a lawyer, a unified agent.
In May 30th, when the deadline was over, the materials were handed in, and the explanation was explained, and the rest was waiting for the court to sit.
Owners can prove innocence, but the property can not prove innocence. Property companies are jointly prosecuted because of administrative responsibility. The property company staff said, has seen publicity, but also repeatedly ban high-altitude parabolic, property publicity, the property can not be installed in the exterior walls of isolation devices, nor to the families staring at.
Who is responsible for the cement knot?
In fact, falling objects wounding incident is not unusual, Chongqing flower wounding, Wuhan girls were injured by falling objects. Under these circumstances, the perpetrators can not be found, but the victims also need compensation, how to do?
The tort liability law enacted in 2008, there is a clear provisions on the situation: "throwing objects from buildings or objects falling from the building causing damage to others, it is difficult to determine the specific infringer, unless they can prove that they are not infringing people, by the use of a building may harm people compensation."
Henan Yi Chun lawyer Zhang Shaochun said, this means that the falling objects, the neighborhood to be jointly and severally liable. If you want to distance themselves from responsibility, the owner can prove himself in court are not present, or nothing to do with the case, for example, on the first floor of the households. In addition, the provisions stated as "compensation" instead of "compensation", because they have not identified the perpetrators, the owners and not due to tort liability, compensation is more fair and based on moral.
Henan silver lawyer Chen Panpan general said that if the injured victim without any cause or reason, because can not find the perpetrators without compensation, obviously unfair. Let all the possible harm who bear responsibility, this is to protect the rights of victims, but to allow the defendant to prove innocence, reduce the burden of proof of plaintiff, increase the burden of proof obligations and violate the principle of evidence in civil proceedings who advocate who proof ". In actual cases, the majority of defendants are difficult to prove innocence, and courts generally choose reconciliation between the two parties.
Xiao Yang by the injury, in the end who should be responsible for, and ultimately the outcome depends on how the court verdict.
Rain in the sky, who saw the sky "down" hangers? 16 afternoon, users reported that the southern bank of Chongqing, Kant Capitol Hill area, a boy was falling down at the top of the clothes hanger in the head, the flow of blood. Reporters today (17) learned that, after the doctor rescue, smashed boy has been out of danger.
16 afternoon at 4:30 pm, who lives in the south bank area of Kant's Capitol Hill District 6 year old boy Gon Freecss (a pseudonym) and grandma came suddenly in the village, and a drop from the clouds hangers struck Gon Freecss head, grandma and residents quickly call 120 emergency calls.
According to rescue personnel rushed to the rescue center in Chongqing, the coat hanger for the metal texture, nearly 1 meters long, inserted directly into the left forehead of Gon Freecss, causing its blood flow not only. Ambulance arrived at the scene, Gon Freecss still breathing and heartbeat, but there have been unconscious awareness of the situation. According to preliminary emergency personnel, Gon Freecss's skull has been broken.
Considering Gon Freecss's injury, for better treatment, emergency personnel will be part of the extracranial hanger were excised, and the wounds were simple after treatment, Gon Freecss will be sent to a children's Hospital Affiliated to Medical University Of Chongqing. The removal of the hangers shall be handed over to the public security organs for further investigation.
Reporters learned this morning from the children's Hospital, the hospital emergency department received Gon Freecss after the first time for treatment. At present, the operation has been completed, the insertion of intracranial clothes racks have been removed, and then Gon Freecss was transferred to the Department of neurosurgery for further treatment. Doctors said that at present, Gon Freecss vital signs smooth, has been out of danger. (source: China net)