标题: the company has promptly call an ambulance [打印本页] 作者: fdygrtyr14 时间: 2014-10-25 18:01 标题: the company has promptly call an ambulance WASHINGTON (Reporter Wu Tao) Tsang organized mountaineering activities in the unit in sudden death, his wife, women, institutions, and insurance companies operating units scenic court, claims 77 million yuan. Yesterday, the case in the City Intermediate People's Court of second instance court.
Employees climbing his way sudden death
Liu and his 11-year-old daughter,negozi moncler,http://www.xinhelan.com/home.php?mod=spacecp&ac=blog&blogid=, 50-year-old claimed that: November 22,http://safemarketlink.com/Requests/profile.php?id=6017,woolrich milano outlet, 2008, Sharon's husband Tsang under the unified arrangements to organize their work units, group booking to be henggang Park Mountain climbing activities, scenic spots for tourists and business units in the insurance companies of the public accident insurance. Day 8:30 Xu, Mr Tsang climbing away from the starting point of 400 meters around the course,http://alhuwai.com/forum.php?mod=viewthread&tid=416448&fromuid=26641, and suddenly collapsed to the ground,moncler lans, unconscious, after she died, the hospital diagnosed as sudden death. They believe that the scenic business units as provided travel services business units, the insurance company as an insurer, as an organizational unit of tourism units,http://0.0.0.0.ehhkzg.g12306.com/home.php?mod=space&uid=3040830&do=blog&quickforward=1&id=2355406, for personal safety Tsang bears legal obligations ordered to court, ask the court to sentence make three defendants compensation for medical expenses,outlet woolrich toscana, funeral expenses,rivenditori moncler, death compensation, dependents living expenses, mental damages totaling 77 million yuan.
Three defendants have to say
The case Longgang District Court of First Instance at the hearing, argued scenic business units, Tsang's death is sudden death, the medical definition of sudden death in healthy people because of their potential natural disease or sudden onset and rapid deterioration occurred in sudden death death. The unit does not have any fault and harm behavior, should not bear any legal responsibility. Insurance company claimed that the company is insured personal injury or property damage business operating units scenic caused to a third person, and the reason for the death of Mr. Tsang is its own reasons, the company shall not be liable for damages in the case.
Tsang lifetime of work units is that the company often organized staff activities, mountaineering activities, special arrangements for medical staff with the team,vendita online woolrich, after the onset of the company Tsang active rescue organization personnel, after the death of family members are also actively help take care of things, a number of cost paid by the company, and to give their families the appropriate humanitarian assistance,woolrich scontati, there is no negligence. Tsang as the company's temporary recruits,taglie woolrich parka, volunteered to participate in this event, and does not reflect the company consistently over his own body discomfort. Moreover, tickets cost scenic containing personal accident insurance business. Tsang belong to their disease death, death to enjoy the benefits associated employer,http://theperfitbody.com/activity/p/524950/, the company his death there was no negligence or wrongdoing.
A trial unit lost 128,000
Longgang District Court held that, in accordance with relevant laws and regulations,http://lemibao.com/forum.php?mod=viewthread&tid=68778, the business unit as a scenic tour operators engaged in legal activities on consumer spending to its scenic bear security obligations within reasonable limits, otherwise it shall bear the corresponding liability However, the obligation should refer in its operating scenic rides, set of hazardous warning labels, safety precautions and other attractions. Tsang, although at the time of scenic hiking death, but the cause of death is sudden death,http://www.phoenix-c.or.jp/~lululu/cgi-bin/opa/apeboard.cgi?command=read_message&msgnum=90/"/, not its scenic receiving services or attractions protective measures caused by improper business practices, so scenic operating units without liability. Because scenic business units is not liable for damages, so the insurance company to pay insurance premiums precondition does not exist,giacche woolrich prezzi, nor do they need liability.
The company Tsang before his death as the organizer of the mountaineering activities, bears a legal obligation to protect the personal safety of the participants. Available evidence suggests that the company is no detailed understanding of the organization of activities of the physical condition of each participant, confessed before the event started only general precautions, no special instructions for prompt response to unexpected events and activities are not equipped the team doctor, but equipped with a nurse, lead to timely treatment at a doctor's professional Tsang sudden illness. The company mountaineering activities in the organization failed to fulfill reasonable security obligations,moncler rivenditori, on the death of Sir Donald bears fault. Taking into account the contingent Tsang's sudden death,peuterey giubbotti uomo prezzi, the court sentenced them to bear 20% of civil liability respond to Mr Tsang's death.
The hospital then first instance verdict: Company Tsang before his death his wife and daughter should pay their funeral expenses, death compensation, dependents living expenses, moral damages solatium total of 12.8 million yuan in damages.
Unit appeal against sentence
Tsang before his death company refuses to accept the decision, appeal to the Municipal Intermediate People's Court. The company believes that sudden death is unforeseen accident, and is progressing rapidly due to its cause of the accident, the reason is due to their own illness causes nothing to do with a third party. The issue of compensation for sudden death occurred in group activities, cf general practice, the organizers of sudden death does not assume liability for tort damages cases of sudden death occurred in the past, and internationally. Meanwhile, when Mr Tsang onset, the company has promptly call an ambulance,http://www.stabilizedearth.org/wiki/?title=User:Rnmhnyuhy8k&action=submit, although the responsibility. There is also no evidence that the cause of death because Tsang caused delay relief. Mountaineering activities organized by the company is a company employee benefits, aimed at strengthening the people's physical health, does not have a profit in nature, employees voluntarily participate. China's laws on mountaineering activities necessary safety measures are not specifically the law,piumino peuterey donna, so the company should not have any liability.
Tsang's wife and daughter did not appear in court to attend the trial, the court said it could not carry out mediation, the decision will be made elective.