Case: A woman in Liaoning province sued several departments after falling to her death from a bridge while riding an electric scooter

2022-09-06 0 By

In Panjin, Liaoning province, Ye accidentally fell off a bridge while riding an electric car and died on the spot after hitting his head on a stone under the bridge.The family will transport bureau, water conservancy department and town government, appeal to the court.(Case source: Panjin Court, Liaoning province) After the incident, Ye’s family believed that the lack of warning signs and protective barriers on the bridge was the main reason for Ye’s death.Therefore, the manager of the bridge, need to ye mou’s death, assume the corresponding civil liability for compensation.After ye’s family approached the town government, the town government said that they were not in charge and told the family to go to the water conservancy department.But to the water conservancy department, the staff said that the main function of the bridge is used for traffic, should return to the traffic bureau.At this time the family feel reasonable, then find traffic bureau again.But who would have thought, when they came to the traffic bureau, they said, this is a rural road, according to the relevant regulations, the bridge should be managed by the town government.Boy, the family came all the way from the town, and now they’re trying to get him back to where he started.It really drove them mad!Family members are angry, decided not to pull!Take all three parties to court.When hearing the case, representatives of the water conservancy department took the lead in speaking, they said that the bridge, built more than 20 years ago, although the bridge is erected on the water conservancy trunk line, but they have no information on the relevant files of the bridge.So it’s out of their hands.The transportation bureau said a search of its internal road network system showed that the bridge did not exist.That means the bridge is not recorded in the family’s road network.The transportation Bureau also submitted an important document, that is, according to the Provisions of the “Rural Road Construction management Measures” : township level people’s governments are responsible for the construction and management of township roads, village roads, highway Bridges, tunnels and ferries within the administrative region.In other words, according to this rule, the town government is the manager of the bridge.The court confirmed that the bridge was indeed not equipped with guardrails and warning signs through reviewing the pictures and materials on the scene.So the death of Ye mou, and whether there is a causal relationship?In fact, according to the seventh provision of the Interpretation of Several Issues concerning the Application of Law to the Hearing of Road Traffic Accident Damage Compensation Cases, the manager shall bear the corresponding liability for the damage caused by the defects of road management and maintenance.In this case, the bridge is the main access for villagers, so the manager should install guard rails and warning signs to reduce risks, but the town government failed to do so.That is, there is a certain causal relationship with the death of Ye mou.According to the relevant provisions of the Civil Code, those who fail to fulfill the duty of safety reminder should bear the corresponding civil liability for compensation.Of course, ye mou in the passage, more should slow down, pay attention to observation, but ye mou is due to negligence, and lead to the occurrence of the accident, so its own should assume the main responsibility.In the end, the court ruled that the town was 20 percent liable.Namely compensate ye mou family member economic loss 135172.55 yuan.In fact, no matter how compensation, who will compensate, ye mou’s death can not change the harm brought to his family.Therefore, we call on everyone to travel, must obey the traffic rules, so as to avoid accidents!Pay attention to @ with the body statement!Together from the practice of the case, look at life, learn legal knowledge!Speak for yourself