水泥砸伤婴儿案折射社会道德
On a November afternoon last year, a discarded cement block fell from an eleven-story apartment building in the central Chinese city of Wuhan. It hit a 44-day-old baby on the ground and left her with severe injuries.
The perpetrator could not be identified, so the girl's parents sued owners of all 128 units in the building. A local court ruled in early November that the apartment owners should collectively compensate the girl's family with nearly 400-thousand yuan, or 62-thousand USD dollars.
Local Judge Sun Jiao explains the court's decision.
"The decision was based on our national laws. It is a way of allocating aid and compensation to the family of the injured. It does not mean that all defendants caused the injury, but under the special circumstances of the case, it is a way of securing compensation, within our legal framework."
According to Chinese law, when a fallen or discarded object from a building causes injuries or damages, the building's occupants are deemed responsible unless they can prove otherwise.
The plaintiff's lawyer says the family has incurred significant costs relating to the girl's treatment and recovery.
As expected, the ruling was not well received by some of the building's residents.
"I live on the third floor. I wasn't even at home when the incident happened. I don't understand why the family is asking for compensation from all of us."
"We won't pay the compensation at all. It is okay if they ask for donations. But it is not fair. We will appeal the ruling."
Some of the apartment owners have submitted evidence that they were not home or living in those apartments at the time of the incident. But the court says none of the evidence could sufficiently prove the defendants' claims. The court says if the perpetrator was found in the future, the current defendants will be exonerated.
The girl's father, a man surnamed He, says he understands the controversy surrounding the case, but is satisfied with the ruling.
"We are happy with the court's decision, but we are facing the pressure of public opinion. Some defendants feel the ruling was unfair. But we are telling our story before the court of law, and it made a lawful decision, so we stand by it."
Local police say the lack of hard evidence complicated the case. Security monitors have since been installed outside the residential building and its surrounding buildings.
However, local police officer Yi Wenchuan says dangerous objects have not stopped coming down.
"Often people throw down rocks, glass bottles, and other dangerous items. We have been called a few times regarding such incidents. It has happened both before and after the case involving the baby girl."
Similar cases in China have happened before, involving injuries and even deaths. It was not the first time either that the entire building's occupants have been sued.
The family's lawyer says seeking legal protection and compensation is only a last resort in such cases. All parties involved in the case have called for more moral awareness and civility among those who may want to drop things out of their windows.
For CRI, I'm Victor Ning.
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