[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 caseClassic 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 company's renovation project, Shenmou Optoelectronics Company commissioned Guanmou Technology Company for specific on-site construction. Unexpectedly, as the project neared completion, an accident occurred at the construction site: five employees, including Wang Ping and others, from Dongguan Mouchen Cleaning Company, hired by Guanmou Technology Company, were injured to varying degrees when the mezzanine ceiling collapsed while they were cleaning. Subsequently, the victims' families sued Dongguan Mouchen Cleaning Company, Guanmou Technology Company, and Shenmou Optoelectronics Company together. Shenmou Optoelectronics Company, believing it was not at fault, immediately entrusted the Wang Tengfeng Artistic Litigation Team of Guangdong Zhiming Law Firm to represent them in the lawsuit.

 

After accepting the commission from Shenmou Optoelectronics, lawyers Zhang Qingping and Zeng Jie of the Wang Tengfeng Artistic Litigation Team conducted an in-depth study of the existing evidence. They found that the contract signed between Shenmou Optoelectronics and Guanmou Technology stipulated that before the project's acceptance, Guanmou Technology was solely responsible for construction safety, providing all necessary safety facilities, and if a safety accident occurred, all responsibility would be borne by Guanmou Technology. Based on this, lawyers Zhang Qingping and Zeng Jie proceeded with further work 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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