Family wins compensation for son’s death
Print Edition
THE family of a man, who was electrocuted at a rental apartment in Fengxian District, was awarded 676,000 yuan (US$103,473) as compensation.
The Fengxian District People’s Court ordered the owner of the house and the retailer of the water heater to pay the compensation.
The 39-year-old man, surnamed Zhong, was at his girlfriend’s rented home in Situan Town in autumn 2014. Zhong was having a shower with his girlfriend Wang Meixian when they were both struck by electric current.
Wang moved out of the shower immediately and then watched as Zhong let out a cry and fell on the ground.
She immediately called the police, and when officers arrived, Zhong was declared dead because of electric shock.
Zhong’s family took the house owner to task for failing to ensure the security of the flat that he had leased to Wang. They demanded compensation from the owner. The Zhongs pointed out that the water heater should be equipped with a protective device against shocks which the owner had not installed.
Zhong’s family filed a lawsuit against the house owner and Shanghai Yongle Household Electrical Appliances Co, the seller of the water heater.
The owner, on his part, argued that the couple were to blame for being reckless. He said the shocks were triggered because they used the water heater inappropriately on a stormy night.
The owner told the court that he would often check the condition of the household appliances in the flat and that the water heater always worked well.
He said Zhong had a drink before heading to the shower, which had a very narrow space. He blamed Zhong, who was in the shower with Wang, for failing to unplug the water heater despite a stormy weather outside. He said in weather conditions like that the chances of electric shocks were more.
The owner also said he knew nothing about the victim because he had rented his flat to just one person — Wang.
He said Wang had told him that she would live in the property alone when she rented the place.
The company that sold the heater, Yongle, blamed the owner, saying he should be held responsible as the heater was used for over 11 years. The company argued that the average life span for a water heater was between 8 and 10 years. It also claimed that the water heater had been refitted.
But the owner said Yongle should share part of the blame for the tragedy because it had sold him a water heater without the protective device.
The court said the heater’s quality was cause of the death. It also held the owner responsible for failing to complete his obligation to protect the tenant’s security, and ordered both the owner and Yongle to pay 338,000 yuan each as compensation to the bereaved family.
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