The girl drowned alone in the swimming pool. Why were her parents sentenced to 70% responsibility?

A 7-year-old child drowned in the community swimming pool. In the first instance, the court ruled that parents and residential property should bear 70% to 30% responsibility.

7-year-old drowning community swimming pool

Mr. Huang lives in a community in Jiangnan District. It was getting dark at 7: 30 one night in May last year. His 7-year-old daughter Xiaoying is clamoring to play downstairs. Mr. Huang told his daughter to leave after dinner, so Xiaoying was left alone to play in the corridor outside her home. He never imagined that Xiaoying would take the elevator downstairs by himself. For a long time, the husband and wife didn't hear a sound outside the door, only to find that the child was gone.

At 8: 30 that night, Mr. Huang asked his colleagues and the residential property to help him find it and called the police station. At 23: 50, everyone found that the child had drowned in the swimming pool of the community.

Grief-stricken Huang and his wife filed a complaint and sued the residential property to the court, demanding compensation of nearly 500,000 yuan for various losses.

Parents think that property supervision is weak.

It is understood that there is a fence around the outdoor swimming pool in the community. On the night of the incident, the swimming pool was closed and the door was locked. The water depth of the pool is about 1. 1 m. The property management company said that the water in the swimming pool was basically drained on the second day of the closure period, leaving only about 30 cm of water for the maintenance of the pool bottom. However, a few days before the incident, there were just a few heavy rains in Nanning. There was some water in the pool, but the water after the rain was also very shallow. The property company believes that the death of the child was caused by the poor supervision of Mr. Huang and his wife, and has nothing to do with the property company.

However, Mr. and Mrs. Huang believe that the property management company has built and operated a swimming pool with high risk in public places in the community, but it has not effectively isolated the swimming pool from public places such as public passages and children's amusement parks, putting residents at risk. Moreover, keeping the swimming pool full of water during non-business hours, not arranging professionals to take care of it, and not taking corresponding safety measures are the direct causes of the child's drowning death, and Xiaoying's death should be 80% responsible.

The court ruled that parents were responsible for their property.

After hearing the case, the Jiangnan District Court held that, judging from the alarm materials and the trial situation, there was a statement that the child was seven years old but was not sent to school because of stuttering, but it could not prove that the property management company said that the child had mental development problems, which only showed that Xiaoying was a child who needed the care and care of the guardian more than her peers.

On the night of the incident, Xiaoying clamored to go downstairs to play. As a parent, she lets herself play at the door, and there is an elevator outside. Obviously, the guardian's laissez-faire behavior leads to the child leaving or leaving the scope that the guardian can observe, take care of and monitor at any time. Therefore, as the guardians of the children, Mr. and Mrs. Huang are at fault.

In addition, although there is a cement fence around the swimming pool, the fence cannot completely close the swimming pool, and there is a big gap between the columns of the fence, so smaller and thinner people can enter the swimming pool through the gap, and people of a certain height can also climb over the fence. From the testimony of the witnesses who first found the body and confirmed it in the water, it can be confirmed that the water storage depth of the swimming pool was about 1. 1 m on the night of the incident. Even if it rained heavily a few days before the incident, as the manager of the swimming pool, we should always pay attention to the water storage depth in the pool, especially after the heavy rain, and pay more attention in time to discharge the water to the predetermined depth. As an open-air swimming pool in a community with many children, although fences and warning signs have been built, there are faults in the design and construction of the swimming pool. As a manager, he did not fully consider, prevent and eliminate the safety hazards such as children crossing the fence to reach the swimming pool, and was at fault for the death consequences of the victims.

Recently, the Jiangnan District Court made a first-instance judgment, in which the couple of Huang paid 70% and the property management company paid 30%, and ordered the property management company to compensate the couple of Huang for their economic losses 1.5504 1.2 yuan.

Judge's explanation

Parents, as legal guardians of minor children, should protect the person, property and other legitimate rights and interests of minor children according to law. Let the children grow up, not let them go. If the child causes damage as a result of his parents' fault, parents should also bear the corresponding responsibilities within the fault range of their poor supervision.