Grandma Ge was in a coma due to carbon monoxide poisoning when she took a bath with her 3-year-old grandson in the bathroom. Grandma Ge escaped from danger after being rescued, but her little grandson died unfortunately. Parents believe that the gas water heater was installed in the bathroom of the rental house by the landlord, and the unqualified installation was the direct cause of the child's poisoning death, and the landlord should bear the main responsibility.
Although the son and daughter-in-law Lin are not the owners of the rented house, the rental of the corresponding house is negotiated by Lin and the rent is collected by him. The rent is for the family to live together. In fact, the three people have common possession, use and income of the house, so they should all be recognized as house managers and have the same management obligations and security obligations.
Parents believe that the gas water heater was installed in the bathroom of the rental house by the landlord, and the unqualified installation was the direct cause of the child's poisoning death, and the landlord should bear the main responsibility. Accordingly, the children's parents appealed to Huangyan Court, requesting that Zhang and his son and daughter-in-law * * * bear all kinds of compensation losses totaling1190,000 yuan.
There are security risks in the bathroom, and there are also many security risks in the poisoned bathroom. Small space, no closed windows, poor ventilation facilities and no obvious exhaust fan outlet. There is a cabinet on the right side of the bathroom door, and there are liquefied petroleum gas cylinders on the lower floor of the cabinet. There is a domestic gas quick water heater (flue type) on the upper floor of the cabinet. The water heater is relatively old. I bought it for six or seven years. There is no flue and exhaust pipe, but there is only one smoke exhaust hole on it, which leads to the ceiling of the bathroom.
The court held that the defendant, as the lessor of the house, installed a gas water heater in the bathroom of the rented house, but failed to install a gas inlet as required, and there were no ventilation and safety facilities such as exhaust ports and exhaust fans, which had serious safety hazards and was the cause of the victim's death from carbon monoxide poisoning. The defendant failed to fulfill the obligation of safety guarantee for the equipment provided by him and should bear the main responsibility.
At the same time, the plaintiff, Grandma Ge, as the guardian, knew that the bathroom was equipped with an in-line gas water heater, and it was used for a long time. She still took her grandson into the closed bathroom to take a bath, and there were certain faults in the accident. According to the actual situation of the case and the faults and accidents of all parties, Huangyan Court determined that the three defendants should compensate 795,750 yuan.