[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 🏷️ #Tort liability #Defense of exemption #Decoration accident

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)

In 2017, due to the needs of the company's decoration project, Shenzhen Optoelectronics Company entrusted Guan Technology Company to carry out specific on-site construction. Unexpectedly, as the project was nearing completion, an accident occurred at the construction site. Five employees, including Wang from Dongguan Morning Cleaning Company hired by Guan Technology Company, were injured to varying degrees due to the collapse of the mezzanine ceiling while cleaning the site. Subsequently, the families of the injured filed lawsuits against Dongguan Morning Cleaning Company, Guan Technology Company, and Shen Optoelectronics Company. Shenmou Optoelectronics Company, which believed that the responsibility did not lie with itself, immediately entrusted Guangdong Zhiming Law Firm's Wang Tengfeng Literary Rights Protection Litigation Team to represent them in the lawsuit.

 

After accepting the commission from Shenzhen Optoelectronics, lawyers Zhang Qingping and Zeng Jie from Wang Tengfeng's literary rights litigation team conducted in-depth research on existing evidence and found that the contract signed between Shenzhen Optoelectronics Company and Guan Technology Company stipulated that before the construction project acceptance, Guan Technology Company would be responsible for construction safety and have all the necessary safety facilities for construction. In case of a safety accident, Guan Technology Company would be solely responsible. Subsequently, Lawyer Zhang Qingping and Lawyer Zeng Jie conducted further work on this basis to prepare for the court hearing.

 

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.

 

Lawyers Zhang Qingping and Zeng Jie presented their views to the judge: the mezzanine ceiling that caused the plaintiff's injuries was built by Guanmou Technology; moreover, Shenmou Optoelectronics had not accepted it, so the existing evidence could not prove that Shenmou Optoelectronics was at fault in this case. Therefore, they requested the court to dismiss the plaintiff's claims against their client.

 

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.

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