North late home

News Sociology

On the train from falling to the nine levels of disability, Beijing Fourth Hospital of Railway Bureau: pay 140 thousand

2018-11-08 08:35 beijing evening news TF010

Passengers Mr. Wang down from the train on the sleeper, from the escalator fall caused multiple fractures, caused nine disability. Mr. Wang will be in the Beijing Railway Bureau to court, claims more than 590 thousand yuan. The court verdict of Beijing Railway Bureau for Mr. Wang 140 thousand yuan, Beijing Bureau appealed, reporters today from the Beijing fourth hospital was informed that the court upheld the conviction.

Passengers Mr. Wang, 44 years old this year, in January 11, 2018 22, he took Beijing from the Handan City Bureau of railway operation T253 train to Zhengzhou Railway Station.

The trial court found that the train is running, Mr. Wang from the floor to the escalator down, from the fall in activity. The train arrived at Zhengzhou station, Mr. Wang was sent to the third people's Hospital of Zhengzhou City after treatment, and went to the emergency department of Beijing Ji Shui Tan Hospital.

Mr. Wang was diagnosed 12 thoracic vertebral burst fracture and 2 lumbar vertebral compression fractures, 3 lumbar vertebral bone contusion. During the first trial, Mr. Wang for a forensic identification opinion for the degree of disability is nine.

The court of first instance, Wang Beijing Railway Bureau riding the train of operation, the two sides established a transport contract relationship, Beijing Railway Bureau has the obligation will be transported to the destination safely Mr. wang. Taking into account the sleeper on the sleeper between the escalator is narrow, during the train traveling process will produce unstable situation, the court of first instance that Beijing Railway Bureau should bear the corresponding liability for the accident.

The court of first instance at the same time, Mr. Wang as a full civil capacity of the adults, for their own personal safety should bear the duty of care, but he was from the floor down, do not step on the steady, hold on, should bear the main responsibility.

Ultimately, the court of first instance of Beijing Railway Bureau according to a certain proportion of 14 million yuan compensation for Mr. wang. After the verdicts, Beijing Railway Bureau appealed to the Beijing fourth hospital.

Beijing Railway Bureau said the appeal, according to the video display, the train runs smoothly, Mr. Wang is the time from the lay down didn't take the escalator, nor against the escalator, caused by falls, Mr. Wang injured is caused completely its intentional or gross negligence, Beijing Railway Bureau in accordance with the law shall not bear any legal responsibility.

The fourth Beijing court held that in accordance with the relevant provisions of the contract law, the carrier shall bear the liability for damages shall apply the principle of liability without fault, only in certain circumstances can be exempted from liability, but should be the carrier to bear the burden of proof, and only because the passenger casualties caused by intentional misconduct or gross negligence, the carrier personnel exemption. If the passenger casualties on the consequences of only general negligence, the carrier shall bear the liability of compensation is still.

However, in this case, Beijing Railway Bureau failed to submit sufficient evidence to prove that Mr. Wang injured effectively because it deliberately, for health reasons or gross negligence caused by itself, therefore, the Beijing fourth hospital rejected the appeal and upheld the original verdict.

 

 

Source: Beijing evening news Zhang Yu

Editor: TF10

To share

Terrified! The court evidence was swallowed, judge: 15 days of detention!

A court in Beijing last year, the amount of execution in place 88 billion 600 million, clearance rate of 90.4%

Refusing to execute! Last year, Beijing 1445 people detained 19 people were sentenced

The war forced labor case latest news: South Korean court approved the arrest NSSC assets

Beijing court "micro lawyer" on-line platform for online filing, case inquiry etc.

Beijing Ming lawyer remote video meeting suspects, the first appointment is the three branch

Beijing Fengtai court announced: 10 thousand yuan reward for "laolai"

Eight year old boy action game prepaid invalid request to return the eight thousand yuan, the Beijing Haidian court sentenced

Female Laolai refused to deliver the seized car jailed for 6 months for the repayment of arrears of millions of families

In order to grow well in Beijing letinous edodes, a company manager without cut, the tree, as the defendant

Together with the environmental protection administrative case, why a trial in Tianjin court, the second instance court in Beijing?

In the 8 years after the man friend borrowed 2 million 130 thousand yuan in cash into the Beijing Haidian court

Walk to see the mobile phone fined 10 yuan! This is a light punishment, it can also be sentenced

A British university students Chinese Chinese annotation fraud angered president how to respond?

Last month to investigate violations of the national provisions of the central eight spirit 9350 to deal with the number of broken million

The mother said Yuesao a cold still personal care cause of neonatal pneumonia confinement center claims 30 million

Terrified! The court evidence was swallowed, judge: 15 days of detention!

Behind the Beijing West Fourth Ring of female nurses encounter the scene of the accident rescue a hidden tears