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China Paint network
: Yibin paint worker Liu Wenju in the ground floor construction, by the upstairs fell brick hit in the head. After two months in hospital, the medical expenses have reached $160,000, and he has not yet recovered, leaving behind more serious sequelae. Unable to find out exactly how the brick fell from several floors, Liu Wenju took the six owners and developers and property management companies who were renovating the building upstairs to court, claiming more than 74,000 yuan. At present, the Cuiping District People's Court has accepted the case.
Wenju, 43, is a group offarmers in the village of Sanyu in the Cuiping District of Yibin City, who have been working in Yibin City for several years to support their homes and engage in
painting
painting. On June 13, Liu Wenju and two other workers painted natural gas pipelines on the patios of seven buildings at the construction site of Zijin City in shaping the port town of Yibin, and according to company regulations, Liu Wenju wore a hard hat during his work.
Afternoon to 3 o'clock, two workers heard a cry, found not far from Liu Wenju fell to the ground, the brick fell upstairs to break the hard hat, hit a blood hole in his head. Two workers hurriedly dialed 120, Liu Wenju was rushed to Yibin City First People's Hospital, and then entered the intensive care unit.
workers called 110 police, Shaping police station came, blocked the door of 7 buildings, people and things can not go out. Then the police went door-to-door to collect evidence from the house where the renovation was taking place. But after an afternoon of tossing, it didn't find out where the bricks had fallen from.
, the police told Liu Wenju's family: This is a high-altitude parabola accident, no criminal facts, no need to pursue criminal responsibility, so do not file a case.
Liu Wenju's cousin Liu Yong told Chengdu Business Daily: "That afternoon, the police knocked on doors, upstairs a total of 6 families are renovating the home, the police said there are 3 families more likely." "But it's never clear who's falling off the brick. After more than two months of treatment, Liu Wenju can barely stand, occasionally say a few words, but the mouth is not clear, the left hand can not move, but also face a second head repair surgery. To date, about $160,000 has been available for treatment. The family spent all their savings and owed a lot of foreign debt.
Liu Yong told reporters that they had looked for decoration companies and developers, but to no avail. Helplessly had to developers, property management companies and upstairs is renovating the 6 families, all sued to the court.
Gang, a lawyer at The Beijing Huicheng (Chengdu) Law Firm, believes that Liu Wenju's joint prosecution of developers, property management companies and six owners is legally vinable. Article 85 of the Tort Liability Law of the People's Republic of China stipulates that if a building, structure or other facility and its shelves or suspensions fall off or fall, causing damage to others, the owner, manager or the users cannot prove that they are not at fault, they shall bear tort liability. After compensation has been made by the owner, manager or user, the other responsible person shall have the right to recover compensation from the other responsible person.
article 87 of the same law also provides that if it is difficult to determine the specific infringer of an article thrown from a building or falling from a building causing damage to another person, compensation shall be paid by the person using the building who may cause harm, except in the case of being able to prove that he is not the infringer.