Grandmother with 3-year-old grandson in the rented room bath, but unexpectedly but the carbon monoxide poisoning, grandmother after resuscitation after the rescue from danger, and the little grandson unfortunately died ...... breathtaking! The landlord chapter a three-story standing building three rooms, with his son small chapter, daughter-in-law Lin Mou live together. Because the room is vacant more, Lin Mou will be outside to rent. Grandma Ge from abroad to Huangyan workers, rented a room on the second floor, bathroom common, monthly rent of 550 yuan.
Grandma Ge took her 3-year-old grandson to take a bath in the bathroom, where he fell unconscious from carbon monoxide poisoning. Grandma Ge was rescued and rescued, while the little grandson unfortunately died. The child's parents believe that the gas water heater was installed by the landlord in the bathroom of the rented room, which does not meet the installation requirements is the direct cause of the child's death by poisoning, the landlord should be held primarily responsible.
Son Xiaozhang, daughter-in-law Linmou, although not the owner of the rental housing, but the corresponding housing rental matters by Linmou to negotiate, the rent is collected by the rent for the family **** with life. The three have actually *** same possession, use and income of the house, so they should all be recognized as the house manager, have the same management obligations and security obligations.
The child's parents believe that the gas water heater was installed by the landlord in the bathroom of the rented room, which does not meet the installation requirements is the direct cause of the child's death by poisoning, the landlord should be primarily responsible. Accordingly, the child's parents v. Huangyan Court, requesting that Zhang Mou and his son, daughter-in-law *** with the compensation for damages totaling more than 1.19 million yuan.
Bathroom safety hazards, poisoning occurs in the bathroom, there are a number of safety hazards. The space is small, and closed without windows, ventilation facilities are poor, no obvious exhaust fan outlet. In the bathroom on the right side of the room door put a cabinet, liquefied petroleum gas cylinders are placed in the cabinet on the lower level. Cabinet on the upper floor is placed a domestic gas water heater (flue type), water heater is relatively old, bought six or seven years, not set up flue and exhaust pipe, only above a smoke hole, leading to the ceiling of the bathroom.
The court found that the defendant, as the lessor of the house, installed a gas water heater in the bathroom of the rented room, but did not install a gas feeder as required, and did not set up the exhaust port or exhaust fan and other ventilation and safety facilities, there is a serious safety hazard, which caused the victim's death from carbon monoxide poisoning. The defendant failed to fulfill the obligation of safety and security for the equipment he provided, and should bear the main responsibility.
At the same time, the plaintiff Ge grandmother as a guardian, know that the bathroom is installed in the direct gas water heater, and the use of a long time, still take grandson into the airtight bathroom bath, the occurrence of accidents there is also a certain degree of fault. Huangyan court combined with the actual situation of the case, combined with the fault of all parties and the accident occurred, discretionary determination of the three defendants **** with compensation of 795,750 yuan.