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 Railway Station, Mr. Wang was sent to the third people's Hospital of Zhengzhou, and then went to the emergency department of Beijing Ji Shui Tan Hospital.

Mr. Wang was diagnosed as thoracic 12 and 2 lumbar vertebral burst fracture vertebral compression fractures, lumbar vertebral bone contusion 3. 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 compensation for Mr. Wang 140 thousand yuan. 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

Breast recharge 150 thousand did not reach the effect? Beijing consumers sued the court mediation institution, 50 thousand refund

A fake real estate license mediation pocketed house, man forged documents state organs sentenced

The company refused to pay the arrears of wages and maternity allowance? Beijing Dongcheng court focus returned 840 thousand Execution Models

The president of the Supreme People's Court: Zhou Qiang court last year all 1 million 429 thousand criminals were sentenced

Beijing Dongcheng Court on the implementation of the case shall refund more than 84 yuan, the second child mothers get wages

Beijing Shijingshan court established a collegial panel of female housework for women's rights by law equally

A judge in Beijing through WeChat video the divorce court sentencing divorce party

Beijing court electronic file with the case to generate the implementation rate of 100% cases for the intelligent power

The Supreme Court released the next five years of reform roadmap hospital president according to the list of power supervision case

The doctor recommended to the clinic for sick dogs are shareholders of the delay in treatment of death? Pet hospital Pipan Pei

Beijing bankruptcy court accepts the bankruptcy case first vice president personally served as presiding judge of a court

Beijing second intermediate people's court and the Beijing Court judicial auction network single amount of record, subject to......

Fantastic! A man in Beijing to take property, that with sister is husband and wife also said she died?

For two consecutive times by don't car knocked it over? A Beijing man's fate is impulse......

To allow customers to pay less tax showmanship two housing intermediary tax officials jailed for bribery

Pandas live in Wangjing SOHO failed because of bad feng shui? Pan Shiyi: Sue

Toon prices diving friends: from "toon free" is very near

The public opinion during the election, but simmering, who is crooked brains in the election?