How to train sleeper fell by disabled passengers claim 590 thousand Beijing court?
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.
Marshals patrol sleeper data Xinhua News Agency (Cao Yang photo)
From the floor escalator fell to the nine levels of disability
Passengers Mr. Wang 44 of this year, 1 2018 11 22 on the year, he took Beijing from the Handan City Bureau of railway operation T253 train, destination for 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 three 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 first instance: Beijing Railway Bureau 140 thousand.
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.
The court dismissed the appeal upheld the defendant
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.