A farmhouse named Qingdao Fule Food Courtyard collapsed. In this building collapse accident, * * * caused 1 deaths and 4 injuries. The only person who died in the accident was a child who was only 3 years old. I. Process of the accident
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According to Ms. Hu, the witness of the accident, a family of four and a colleague's family of three met for dinner at Fule Food Courtyard.
At the beginning, two families and children were playing in the hall. It was time for dinner, so everyone went to the box together. After sitting down, two dishes were served, and the roof collapsed. Everyone was pinned down by the collapsed object above, and could not move at all. Ms. Hu's son died directly on the spot because she was hit on the head by a heavy object falling from above. Second, secondary responsibilities
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According to the current construction technology, even if there is an earthquake, the building will not necessarily collapse. If the building collapses, there are probably two possibilities:
1. The pressure on the square area is too large
For example, the second floor is used as a warehouse, and too many heavy objects are piled up, or the upper part is demolished in the site, which leads to systematic collapse.
considering that it was open at that time, and it was not possible to pile up heavy objects on the second floor of the farmhouse for business.
2. Illegal buildings
According to numerous case studies, illegal buildings are a huge cause of collapse. These illegal buildings have great safety risks in design, construction and use because there are no relevant construction application procedures.
if the building is found to be illegal after investigation, the local construction authorities should bear corresponding administrative responsibilities, and if there is a crime of dereliction of duty, the relevant responsible person should also bear criminal responsibilities. Iii. Main responsibilities
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Since the accident happened in Fule Food Courtyard, it should bear the main responsibility for the accident. According to Article 8 of the Interpretation of the Supreme Court on Several Issues Concerning the Applicable Law in the Trial of Tort Personal Injury Compensation Cases
? People engaged in accommodation, catering, entertainment and other business or other social activities open to the public shall be liable for compensation if they fail to pay due attention to safety within reasonable limits to the relevant public, thus causing personal injury to others.
The so-called duty of safety care in this article gives the court some discretion to judge the necessity and possibility of the duty of safety care in combination with specific cases. Iv. expenses of compensation
in this case, compensation will be divided into two parts, one is compensation for the injured and the other is compensation for the deceased.
compensation for the injured: the injured can apply for compensation for medical expenses, lost time, nursing expenses, medical transportation expenses, medical accommodation expenses, hospital food subsidies, necessary nutrition expenses and other expenses.
compensation for the family of the deceased: in addition to the above compensation, the family of the deceased should also be compensated for the funeral expenses and the necessary living expenses of the people supported by the deceased before his death. Of course, the scope of compensation also includes other reasonable expenses such as transportation expenses, accommodation expenses and lost time.