Girl killed by train Zhuangfei Railway Corporation

Legal Daily Legal Daily reporter Chen Dongsheng correspondent gull

Lucheng District of Wenzhou City in Zhejiang Province town of Sunda Ao Village, Riverside railroad, Zhang's daughter was only four years old gallop came from Zhejiang Wen Railway Development Limited trading as 5108 to the railway side of the train Zhuangfei grass. Zhang then rescue her daughter was rushed to hospital, and ultimately treatment failed died.
that day is January 25, 2009 afternoon.
after her daughter died, Zhang found the first couple of Zhejiang Jinhua-Wenzhou Railway Railway operating units Development Co., Ltd., requiring the company an apology and compensation for all economic losses. But after several rounds of negotiations, Jin- Wen railway company refuses to acknowledge the existence of fault, even married couples to show the past Zhang
Zhuangliaobaizhuang you really Zhang train butt couple decided to go legal rights of way.
in accordance with the conventional railway disputes, personal injury compensation cases are generally heard by the Railway exclusive jurisdiction of the courts, but in view of possible departmental protectionism, to the railway court may not be conducive to protecting the interests of his wife Zhang. Therefore, Zhang Li Yicheng lawyer advised the agent of his wife first accident occurred in the primary court.
but under the questioned.
Li Yicheng that the Civil Procedure Law does not clearly defined personal injury caused by railway traffic case falls within the exclusive jurisdiction of the case. Supreme People's Court the case. Understanding based on the interpretation of this clause, the parties may choose railway court, of course, you can choose other court of competent jurisdiction.
final Wenzhou District People's Court decided to file the case. So Zhang and his wife become the first prosecution of Wenzhou accepted by the Primary Court of Personal Injury compensation disputes.
verdict 30 years to break the not set up any effective protective measures such as isolation fence, children can easily onto the railway. Section of the edge of the incident did not set the warning labels, there is no duty care. In addition, road accident along the length of high weeds and trees are not promptly removed, the train too fast, these are the reasons for the accident. Jin-Wen railway company there are significant safety fault, the death of their daughter, should bear full responsibility.
Jinhua -Wenzhou railway companies argued that the accident was due to the little girl walking on the railway line caused before the incident, the train operating normally, but after the dangerous, the train whistle and timely warning, emergency brake. According to regulations, railway transport enterprises due to force majeure reasons or because the victims themselves, such as the railway line to walk, sit and have caused human casualties, is not liable for damages. The railway does not have a quarantine on both sides of the fence, warning signs and poor management, excessive speed and other reasons, they saw no basis, and no causal relationship with the accident. They believe the girl's parents are negligent care that led to this accident happened, the little girl's parents should bear all the legal consequences. Jin- Wen railway company out of the Railway Law is the legal basis for its fifty-eighth Article.
court, after hearing that the daughter of the victim Zhang Department no capacity for civil conduct, his guardians did not do it the legal obligation to enter the danger zone monitoring is the main reason for the accident led to the case; the defendant as management of the railway line bears the obligation to protect the unit,dior sunglasses chanel, did not set up around the railway safety measures, security risk, not actively take measures to eliminate, there are some fault; according to degree of fault of both parties, the plaintiff should bear the responsibility of 80%, the defendant should bear 20% of the responsibility.
Lucheng's Court ,
what means the second trial and the This is unacceptable Zhang couples. So Zhang and his wife decided to continue to challenge the
2010 年 3 on 2, Supreme People's Court promulgated the The judicial interpretation of Article VIII expressly provides: liability for all losses should be not less than fifty percent. Li Yicheng lawyer who immediately the provisions of the new judicial interpretation of the legal basis for submission as a new court of second instance.
2010 年 5 12, Wenzhou City Intermediate People's Court, the law ruled that years, effective March 16, applicable to the case. The case where the victims without legal capacity, their guardian or fails to fulfill the statutory obligations of guardianship , resulting in the victim out of control, walking on the railway line, and at risk situations, there is fault, Jin-Wen railway company should reduce the liability. Comprehensive case the actual situation, the court determined the appellant bear the Jinhua-Wenzhou Railway Company 70% of the liability. And change the sentence Zhang Jinhua-Wenzhou Railway company to compensate his wife for medical expenses, compensation for death, funeral expenses, the total 179,410.8 yuan in emotional.
this point, the beginning of 2009 in Wenzhou, which gave the driver a train case was finally settled. It is reported that the case is China's first railway from liability case, primary liability.
□ background

Once upon a time, the train really gave the driver a Fifty-eighth of China Railway Law provides that companies are not liable. causes, the railway transport companies are not liable. Among them, the Thus,
Based on these provisions, the train killed a pedestrian, railway authorities usually provide only a few hundred dollars last the humanitarian (relief burial fees and charges) relief, compensation for such instances in the whole country a few. In practice, people challenge the Affected people because of the railway accident personal injury cases to court are very rare.