Chinese Law case - dangerous water heater in an apartment
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Introduction
Chinese name: ??? English name: Ayuki Student numbers: 41106954 I Be the Judge Case for Carbon Monoxide Poisoning Facts Two students of Tian Fu College died in their rental housing outside of their school on February 24th, 2012 of Friday night, Because of Carbon Monoxide Poisoning. And after the accident, the two students' parents (P) sued the school (D1) and the landlord (D2). At trial, P introduced that because of school's improper supervision, which indirectly caused the accident, school should bear a party of responsibility. However, P also showed that the usage of straight platoon-type gas water heaters. The survey showed that the straight platoon-type gas water heaters' combustion required oxygen from indoor and the burned gases also emission in the interior. Due to the limitations of its produced structure and conditions of use, the user, if inadvertent, could result in casualties. In order to protect the personal safety of consumers, so from October 1, 1999, the government decided to prohibit the production of straight platoon-type gas water heaters. ...read more.
Middle
Therefore, oral negotiation lease contract is protected by law. The victims hired a room and payoff the rent, in actually, their behavior that equal the contract. According to "The provisions of the Contract Law of the People's Republic of China, article 216, "in accordance with the contract, the lessor shall deliver the lease item to the lessee, and in the lease term, keep the lease item fit for the prescribed purpose." In other words, the landlord has the obligation to ensure that house which rental for tenant conform to the safety of living standards, not a security risk, especially in water, electricity, gas and so on. If rental housing unsafe, then the accident happened, even if tenant haves fault in the accident, the landlord will bear the responsibility. Obviously, the landlord doesn't fulfill this obligation; he/she provided the illegal straight platoon-type gas water heaters which already prohibit using by government, it violated the state rules. So the landlord can't shirk his/her responsibility in this accident. ...read more.
Conclusion
impose confiscate the illegal income, if the circumstances are serious, shall revoke the business license; if the case constitutes a crime, shall be investigated for criminal responsibility." In this situation, the manufacturer and the distributor both should bear the punitive damages. Summary To sum up, under the circumstances of this case, we conclude that decedent's injuries were not the any acts of negligence by school, rather, the decisions and conduct of the landlord were the substantial factor that brought about the injuries. The landlord breached the rules of state that installed the illegal straight platoon-type gas water heaters, the landlord violated the safety guarantee obligation, and he/she shall bear the compensatory damages of the civil liability. However, the manufacturer has the strict liability to provide a legal product for their customers. According to the actual situation, if the manufacturer and the distributor's conduct were proximate cause in bringing about the death of the decedent, according to the comparative negligence, besides landlord all they shall bear the responsibilities on the basis of their respective proportions of negligence. ...read more.
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