young guy's high -pressure offline fishing and dying, who should be responsible for tragedy such as
?
Recently, the
Yizhang County People's Court tried
, such as the dispute over the power of electric shock.
Basic Case
on October 4, 2020, at 16 pm, at the National Day holiday, the guy Tan and several friends came to Yizhang County village to fish pond. Due to the long fishing rods held by Tan and fishing in different directions of the fish pond, his companion Li Moumou found that there was a high -voltage line above, and reminded Tan to change places to fish. At around
17, Tan accidentally encountered the high -pressure line during the fishing line during the fishing process. On October 6, the local town government invited the staff of the town power supply office to measure the height of the high -voltage line from the incident, and the height was 5.48 meters and 5.77 meters. After the
Incident Fish Pond
Incident, the People's Mediation Committee was mediation. The cost is 151,700 yuan.
Tan's father believes that the high -voltage line above the incident area has not reached the safety standard of 6 meters away from the ground, and the incident area has not set up obvious high -voltage high -voltage warning signs. The death of death was liable for all compensation, and then filed a lawsuit with the Yizhang County People's Court, requesting a total of 727,000 yuan in the total of 727,000 yuan in compensation for the burial expenses and death compensation of Qiaotou Power Station.
Bridge Power Station stated in the trial that the company inspects the line once a year. The electric pole near the fish pond was not set up with a striking safety warning logo, but the fish pond there was the rice field. It was the pond owner Li Mou changed to the fish pond by 30 to 40 cm. The fish pond does not operate outside the outside world. The
court ruled that the
Yizhang County People's Court held that the case was a responsible dispute between electric shock. As an adult with with complete civil behavior , the victim Tan should recognize the danger of fishing under high -voltage lines. Its negligence and death shocks. Tan has a major fault and shall bear the main responsibility for the consequences of death.
" The People's Republic of China Code " Article 1240: "If engaged in high -altitude, high -pressure, underground mining activities or using high -speed rail transportation to cause damage to others, the operator shall bear infringement liability; It can prove that the damage is caused by the victim's intentional or force majeure, and is not responsible. Electricity, the defendant's bridgehead power station cannot prove that the damage of the case is caused by force majeure or the victim's intention, so it should bear the corresponding compensation liability according to no fault liability. Although the safety distance from the high -voltage line from the ground is not enough due to Li's self -filled soil, the bridgehead power station still has the obligation to check, and the high -voltage line has not been set up by the fish pond. Law. In the end, the
, the Yizhang County People's Court ruled that the Qiaotou Power Station assumed 15%of the compensation liability of 15%of the accident. The case has been fulfilled.
is coming in summer, and more and more people are fishing. Fishermen should raise awareness of safety precautions and avoid regional activities with hidden safety hazards. At the same time, they should also abide by the relevant provisions of , forbidden fishing areas, to avoid illegal fishing and consciously protect the ecological environment. As an operator of the power supply department and the surrounding places around the line,
shall fulfill the facilities safety obligations, safety warning obligations, and safety management obligations. Install power facilities in accordance with national standards and technical regulations, set up safety warning signs in a prominent position, regular inspections and maintenance equipment Facilities protect their own rights while protecting the safety of others' lives and property.
Comprehensive: Yizhang County People's Court
Source: Red Net
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