Return Case ListInfringement Compensation

In a liability dispute over road construction damage in Xiamen, the court ruled that the construction company must compensate the victim for various losses totaling 15.8 ten thousand yuan.

Case Summary

On 2024-2-20, the plaintiff, Lin, was walking at night on a road in Jimei District, Xiamen City. Due to pipeline construction by the defendant, a certain construction engineering company, which failed to install safety warning signs or take protective measures, the plaintiff accidentally fell into the excavation trench, resulting in a fractured right leg and multiple soft tissue contusions. The plaintiff was hospitalized for 30 days, incurring medical expenses of {40,000 yuan}. According to judicial appraisal, the plaintiff's injuries constitute a Grade 9 disability, with an inability-to-work period of 120 days, a nutritional support period of 60 days, and a nursing care period of 30 days. The plaintiff filed a lawsuit against the defendant, requesting compensation for medical expenses, lost wages, nursing fees, transportation costs, meal allowances during hospitalization, nutritional fees, disability compensation, mental distress damages, and other losses, totaling {80,000 yuan}.

Key Dispute

1.Did the defendant construction company fail to fulfill its safety assurance obligations during the construction process?
2.Is there a causal relationship between the defendant's construction activities and the plaintiff's damages?
3.Is the plaintiff at fault?
4.Are the claimed damages reasonable?

Case Strategy

1.Preserve core evidence such as photos of the accident scene, construction permits, medical records, hospital invoices, discharge summaries, judicial appraisal opinions, proof of lost wages, and nursing fee receipts.
2.To prove that the defendant construction company failed to install safety warning signs or take protective measures during road construction, thereby breaching its duty of care. Under the Civil Code, when excavation, repair, or installation of underground facilities in public places or on roads causes harm to others, the constructor shall bear tort liability if unable to demonstrate that obvious signs were posted and safety measures were implemented.
3.The plaintiff was walking normally at night when they fell into a ditch because the defendant failed to install warning signs. The plaintiff bears no fault.
4.Calculate the plaintiff's claimed losses: medical expenses 4.8 ten thousand yuan, lost wages 2.4 ten thousand yuan, nursing fees 0.6 ten thousand yuan, transportation costs 0.3 ten thousand yuan, hospital food allowance 0.3 ten thousand yuan, nutritional fees 0.6 ten thousand yuan, disability compensation 6 ten thousand yuan, and mental distress damages 1.2 ten thousand yuan. Total: 16.2 ten thousand yuan. The plaintiff's claim of 15.8 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant construction company shall compensate the plaintiff Lin for all losses totaling 15.8 ten thousand yuan within ten days of the judgment taking effect. The defendant shall bear all litigation costs and judicial appraisal fees for this case.

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