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Passenger car due to the sudden death of their own health reasons, the carrier should bear the responsibility?
Recently, Ganzhou City's first case of the sudden death of a passenger on a vehicle in the city Zhanggong court sentencing. The court held that, in that case, the passenger should bear some responsibility, Panpei each plaintiff 25,000 yuan.
Sudden death of passengers on buses
Lift her husband's death, King declared capacity Yemou wife still can not come out from grief. She thought it was originally an avoidable tragedy.
At 8:26 on February 10, 2010, Long County Taojiang Township West Dam villagers Yung King declared water in Ganzhou return dragon riding the bus station south of passenger cars.
8:29:10 (based on the camera display time), Yung King declared feel uncomfortable. Crew rushed, motion sickness should respect that capacity and handed Yung King declared a plastic bag.
Yung King declared at this time did not say a word.
"Li,http://tsuruo.jp/cgi-def/admin/C-002/after/visit/main.pl?PAGE_NUM=1%3C, you see this man (referring to the contents of King Xuan) how the? Pull over to stop." Flight attendants shouted loudly to the driver. At this time is 8:30:52.
The driver will pull over the car.
8:31:16, the crew asked with concern: "You okay?" But Yung King declared that the crew responded "Woo Woo ...... ......" sound.
"Go to the train station (the normal running of the vehicle will pass the train station)!" The driver drive the vehicle.
8:32, the crew found the body tilt Yung King declared, shouted: "! Stop soon," and pulled out cell phones,http://www.buxing168.net/forum.php?mod=viewthread&tid=144257, but the driver did not stop.
8:32:47,http://www.huatai123.cn/home.php?mod=spacecp&ac=blog&blogid=, Yung King declared against the failure on the neighbor.
Crew quickly call 120 emergency calls, but the driver still said: "! Go to the station,http://www.freebit.com/manual/ubiqmail/h.php?id=vpass," At this point of time is 8:32:50,
"People are dying, and quickly side to stop!" The crew some anger.
After stopping, the driver, the crew and other passengers were waiting to get off.
8:44, ambulance roaring, the doctor arrived at the scene to rescue the car immediately.
A minute later,http://gongsi.folieyun.com/forum.php?mod=viewthread&tid=151944, the doctors declared Yung King declared dead.
After an investigation, during the entire process, the vehicle is not an exception occurs, Yung King declared nor bad by any external force. The next day, Ganzhou Police Branch issued the death certificate,http://www.khodemooniha2014.blogdehi.com/shockwave/download/download.cgi, proof Yung King declared as "sudden death."
Automotive companies have been claims 120,000
Thereafter, the contents of King's family announced in a query to Yung King declared the day after what car surveillance video, that the carrier should be held accountable.
Thus,http://b.ebaicn.com/forum.php?mod=viewthread&tid=64308, Yemou and his daughter and son together to the plaintiff's identity, where the head office paper petition carrier - Jiangxi New Century Automotive Group Limited (hereinafter referred to as the "New Century Automotive"),hogan sito ufficiale, the carrier - The company sued the passenger a branch together Ganzhou Zhanggong court for compensation for death, mental anguish fees, fees of 12 million yuan.
To become a defendant in the new century Qiyun very surprised,nike air force one.
In court, the new century Qiyun insists he has no responsibility for the contents declared the death of the King, let the King's death was not announced because the defendant did not do to security obligations caused. Yung King declared that he did not tell the crew physical discomfort, abnormal crew promptly to the hospital for help finding Yung King declared, rescue crew has done maximum capacity.
The defendant kept fault Pi Panpei
Court held that: Yung King declared dead in his own health reasons, there is surveillance video and "death certificate" can be identified. However, the defendant's violation of passengers' should endeavor to rescue who is seriously ill, childbirth, travelers in distress, "the legal obligations of its emergency measures following defects exist:
First,jordan homme, in the course of the incident, Yung King declared not to be any direct treatment; second,chaussure louboutin femme, according 8:32:25 case, having a generally cognitive ability can not be sure Yung King declared general body discomfort, while We need emergency condition, but passengers only call an ambulance and the negative side of the road waiting for, but did not immediately drove to the nearest hospital.
According to China's existing laws and regulations,http://karn.lib.kagoshima-u.ac.jp, to get the vehicle operator must have first aid qualifications, but based on the content of their training, the main intent of this provision is required to have basic self-help and rescue capability in the event of accident, and for such Yung King declared within minutes of sudden death cases of medical emergency, even medical professionals often also powerless, so the court on the case and passengers were not directly blame the treatment is not as excessive.
In accordance with the provisions of "People's Republic of China Contract Law" Article 301,louboutin outlet italia, the Court in October 2010 of first instance verdict: defendant in the New Century Automotive Ferry Branch were compensation for a loss of three plaintiffs each 23,019 yuan of property, and compensate the plaintiff 3 solatium 2000 yuan each.
After the verdicts, the defendants appealed. In April this year, Ganzhou City Intermediate People's Court upheld the sentence.
The judge said: "In the previous two fault personnel and passengers, not the direct cause of Yung King declared dead." Rather, following Yung King declared distress due to their own health reasons, delay the timing of their rescue, which may reduce the probability of its existence, with minor, non-decisive role, shall bear its proportion of the fault and the reasons for the force corresponding liability.
Text / reporter Huang Wei Wu Xuan Liu too gold
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