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A family of four drowned in a river spit next to a hydroelectric plant: the family of the deceased claimed 3.45 million in a court hearing on 22 this month
On March 22, the Red Star News reporter learned from the China Public Trials Network that the case of “family of a family of four drowning victims who sued a hydroelectric power plant for 3.45 million compensation” in Lintao County, Gansu Province, it was heard in the Lintao County People’s Court this morning.
According to previous reports from Red Star News, on May 16, 2020, villagers from Xintian Town, Lintao County, Mr. and Mrs. Pan took their young sons and daughters away and a family of four washed ashore. from the Tao River in Yawan Village, Xintian Town. During the construction, enter the riverbed exposed in the river channel.
A family of four rivers in Gansu drowned when the hydroelectric power station spilled water while playing: the official said there was no warning, and the family of the deceased claimed 3.45 million.
The Propaganda Department of the Lintao County Party Committee previously issued the “Rescue Situation of a Family of Four in Xiajie Village, Xintian City, Lintao County, Missing in the Taohe River”, in which it was indicated that four members of a certain family were interrogating the exposed riverbed in the river (the protection of the Tao river bank is complete. The vertical height is 6-7 meters and there is a warning sign nearby), the Gate of the Xinmintan Hydropower Station in Guanghe County was naturally opened and actively discharged, causing the river bed to rise. The family of four was too late to evacuate and was swept down the river, causing four people to drown.
The relatives of the deceased considered that the hydroelectric power station involved did not give an early warning when the water was discharged, which caused the tragedy and should be responsible for compensation. For this reason, they took the hydroelectric plant involved to court and claimed more than 3.45 million yuan.
According to the live broadcast of the trial on China Trial Public Network, during the trial, the hydroelectric power station said in its defense that the river was not dry or abandoned, and there was a “no entry into the water” warning sign. . The deceased went down to the river to play and have a barbecue. The responsibility of the deceased must be assumed for the behavior of the deceased. The hydroelectric plant believes that it has no liability for compensation and the court should dismiss the claims of the deceased’s family.
↑ The test live screen
The trial began at 9:30 a.m. on March 22 and the trial ended at 5:30 p.m. The Lintao County People’s Court indicated that due to the complexity of the case and the greater social impact, the case will be sentenced properly. alternative. date.
Relatives of the deceased: the hydroelectric plant has not been warned about the release of water and claims 3.45 million yuan.
The relatives of the deceased revealed in the “Civil Complaint” that the local riverbed was exposed. A family of four descended the steps of the dam into the river on May 16, 2020; around 3 pm, the four of them arrived too late due to the sudden rise in the water level. Evacuate, washed away.
After the incident, the family of the deceased questioned that Taohe Fuyuan Hydropower Development Co., Ltd. (hydroelectric power station) did not issue an early warning message when the water was released, causing the tragedy.
In response to the family’s doubts, on June 16, 2020, the Lintao County Office of Water Affairs issued a Letter of Opinion on the Handling of Letters and Visits, indicating that in accordance with the requirements of the “Specifications Techniques for Automatic Hydraulic Control Flap Gates ”issued by the Ministry of Water Resources in June 2017, before the slab door is opened, the operating unit must check for hidden safety hazards downstream and give an early warning to avoid safety accidents caused by water leaks. “accident, the hydroelectric power station did not give an early warning.
↑ On June 16, 2020, the Lintao County Office of Water Affairs issued the “Opinions on Handling Letters and Visits”
The Lintao County Office of Water Affairs also stated in the “Views on Letter and Visit Management” that the Tao River embankment was intact in the incident section, and 13 educational warning signs were posted nearby. installed by the local government. The content of the letter was “Dangerous water depth, do not swim in the water, play and play in the water. Violators are responsible for the consequences.”
The Lintao County Office of Water Affairs stated in the “Letter and Visit Management Opinions” that, as assessed by Gansu Water Resources and Hydropower Survey and Design Research Institute Co., Ltd., the accident was due to Two reasons: four people in a certain family had little security awareness and gave no warning signs. Attention was drawn to the river without authorization, the hydraulic automatic control gate of the Xinmintan hydroelectric power station was discharged without warning.
↑ Riverside warning sign near the scene of the incident
The family of the deceased took to court the involved Taohe Fuyuan Hydropower Development Co., Ltd. and Gansu Hongye Taohe Hydropower Development Co., Ltd., arguing that the discharge from the hydroelectric power station received no warning and caused a tragedy and should assume tort liability. .
The content of the “Civil Complaint” obtained by the Red Star News reporter showed that the family of the deceased asked the hydroelectric plant to pay a total of more than 3.45 million yuan in compensation for death, funeral expenses, living expenses of the dependents, and mental damage.
In addition, the relevant person in charge of the Lintao County Office of Water Affairs presented in an interview with the Red Star News reporter that after the incident, the Lintao County government provided civil assistance to the family of the deceased. “The insurance company paid $ 200,000 yuan, and one deceased 50,000 yuan; 40,000 yuan were rescued. The total is 240,000 yuan. The insurance is also purchased by the county government, and the county has insurance for the county people of Lintao “.
The hydroelectric power plant involved: there is no liability for compensation, the deceased “runs at his own risk and expense”
“Water can drown people and tigers can bite people. This is the simplest life experience of the Chinese people.” One of the hydroelectric plants involved said during the trial that the occurrence of the damage in this case was obviously due to the fact that the deceased violated normality. perceptions and went to extreme risk. It is caused by high areas and long stays. “In the general perception, the river is not for people to walk or relax, and the plaintiff’s claim should not be supported by the court.”
The hydroelectric plant also said in court that in this case, the floodgates of the hydroelectric plant were opened naturally to release water, not artificially. The deceased “resulted in damage caused by violation of common sense” and the hydroelectric plant should not be held liable. For compensation.
Live content of the court trial on the China Public Trials Network showed that the hydroelectric power station argued that the deceased entered the river to engage in outdoor activities as voluntary risk behavior. “The victim saw the warning sign from the river with anticipation., and has already understood that going to the river to play can be accompanied by danger. Loss, but still voluntarily assumes the possible consequences of their actions. Those who are willing to take risks will eat their own fruits. “
According to the hydroelectric power station, the relevant government departments have placed 13 warning signs in the corresponding area, and the river embankment has a slope of up to 8 meters. The river is not a playground open to the outside world. the first person responsible for your own safety. Set your own security in the constant reminders of the state organs and of any third person. Outdoor activities must seek advantages and avoid disadvantages, and not entering places of non-massive activities at will is a code of conduct that all citizens must consciously comply with ”.
The hydroelectric plant claimed that it was not at fault for the death of four members of a certain family and was not subject to compensation. “Due to the accidental drowning of certain families and others, their family situation is compassionate, but if it constitutes a violation it requires strict legal definition and testing. The support of the above cannot be guided by an emotional or consequential responsibility, and the responsibility must be assumed by other parties that do not constitute an infringement “.
The trial began at 9:30 a.m. on March 22 and the trial ended at 5:30 p.m. The Lintao County People’s Court indicated that due to the complexity of the case and the greater social impact, the case will be sentenced properly. alternative. date.
Red Star News reporter Wang Jianqiang and Sun Zhao
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