[4] A sudden accident during corporate renovation leads to a claim, but Zhiming lawyer's eloquent courtroom defense ultimately exempts the client from liability.

📅 2020-01-02 📂 Classic case Classic case 🏷️ #TortLiability #DefensesToLiability #RenovationAccidents

Citizens' physical health is protected by law. If life, health, or body is infringed upon, the compensation claimant has the right to demand compensation for losses from the compensation obligor. To protect their legitimate rights and interests, the compensation claimant must also clearly define the subject of compensation obligations and responsibilities.

 

(Image source: internet)

"u3000u3000In 2017, due to the needs of the company's renovation project, a certain photoelectric company entrusted a certain technology company to carry out specific on-site construction. The weather was unpredictable. When the project progress was nearing the end, an accident occurred at the construction site: Wang Mengfeng, an employee of a morning cleaning company in Dongguan hired by a technology company, was injured to varying degrees due to the collapse of the mezzanine ceiling when cleaning the site. Subsequently, the family members of the injured will sue a morning cleaning company in Dongguan, a technology company in Guan and a photoelectric company in Shen. A certain optoelectronic company that believes that it is not responsible for its own party immediately entrusted Guangdong Zhi Ming Law Firm Zhi Ming Law Firm Zhi Ming Law Firm's team to represent the lawsuit."

 

"u3000u3000After accepting the entrustment of a certain photoelectricity, Zhang Qingping and Zeng Jie, lawyers of the literary and art rights protection litigation team, conducted in-depth research on the existing evidence and found that the contract signed between a certain photoelectric company and a certain technology company agreed that before the acceptance of the construction project, a certain technology company was responsible for the construction safety and had all the safety facilities needed for the construction. If a safety accident occurred, the responsibility was all borne by a certain technology company. On this basis, lawyers Zhang Qingping and Zeng Jie immediately carried out more in-depth work to prepare for the trial."

 

In court, the three parties engaged in a heated debate over the subject of compensation liability for the plaintiff (the injured party) and the allocation of responsibility. In response to the plaintiff's lawyer's argument about falling objects, lawyers Zhang Qingping and Zeng Jie used the contract between Shenmou Optoelectronics and Guanmou Technology as evidence and cited Article 86 of the Tort Liability Law of the People's Republic of China (which states that if a building, structure, or other facility collapses and causes harm to others, the construction unit and the construction contractor shall bear joint liability. After compensation, if there are other responsible parties, they have the right to seek recourse from them.), refuting the opposing party's absurd legal arguments and strongly proving that their client, Shenmou Optoelectronics, had handled the renovation matters in full compliance with laws and regulations throughout the process, without any fault.

 

Attorneys Zhang Qingping and Zeng Jie presented their arguments to the judge: the interlayer ceiling that caused the plaintiff's injury was constructed by Guanmou Technology Company; and Shenmou Optoelectronics Company had not conducted acceptance inspections. Therefore, the existing evidence cannot prove that Shenmou Optoelectronics was at fault in this case. Accordingly, they requested the court to dismiss the plaintiff's claims against their clients.

 

After trial and investigation, the court accepted the lawyers' arguments and ultimately ruled that their client was not liable for compensation in this case, dismissing the plaintiff's claims against their client.

⚖️ Start your journey to professional legal services today

📍 Address: Room 1802, Block A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, Shenzhen

  • @ Email: zhiminglawfirm@126.com
  • WeChat ID: zhiminglawyer01
  • 💬 WeChat Official Account: gd_zhiming

Administrative Disputes · Marriage and Family Matters · Civil and Commercial Litigation · Criminal Defense - Free Online Consultation

Consultation QR Code

Scan to add consultation QR code

Law Firm Official Account

Scan to follow us

"WeChat Help"
微信二维码
"Press and hold on QR code"
"Add WeChat Inquiry"
×
微信二维码
"Press and hold on QR code"
"Add WeChat Inquiry"