Liu Xiao
"Since the age of 10 onwards, every year I vow in front of Santa Claus is the same:! Let my sister and I stood up on Christmas Eve carnival dance" French girl Lulu told reporters.
However, four years later, Lulu's desire has not been able to achieve.
Lulu's sister called Selena, Bi Lulu big four years. The sisters' mother is to obtain French nationality of the Chinese people, and my father is a Frenchman. Selena 3 years old learn to draw, six-year-old piano, eight-year-old ballet. A man happy to be alive.
However, the summer of 2006 an accident changed everything.
That day, Selena watch it live on in the pool palace villas Haiao jingling inside edge sister swim, accidentally fell into the pool. Selena head directly hit the pool bottom, resulting in displacement fracture C5, C4 cervical complete injuries. After the East China University of Political Science Forensic Center was identified as a disability.
July 1, 2010, the Shanghai First Intermediate People's Court accepted the Selena personal tort claims, claims amounting to 2331 million yuan, legal fees of nearly 160,000 yuan. "The reason why the amount of compensation required is so high, in accordance with the French minimum wage calculations." Beijing Lan Peng Law Firm Zhang Qi Huai explained.
"You can only hope that the right hand to hold a pen."
Sent to Shanghai Sixth People's Hospital after first aid from the accident that day onwards, Selena family will embark on a long road to medical treatment. X ray shows the day of check C5 cervical fracture with dislocation, then transferred to Changzheng Hospital, Second Military Medical University; August 6 morning transferred to Queen Mary Hospital in Hong Kong, diagnosed as C5 fracture and displacement, C4 cervical complete injury, August 7 May be general anesthesia, the C5 cone excision, C4 to C6 fused cone,moncler lans, titanium cylinder and front cervical plate fixation, tracheostomy suture; March 1, 2007 transferred to Beijing Tiantan Hospital for treatment to a 2009 Price Waterhouse On December 31 and discharged home in Beijing treatment now.
Selena told reporters: "I this case the most important thing is to adhere to rehabilitation training, public hospitals was 40,000 yuan a month, if we count the medication, not to say, and I now have a dedicated carer 24 hours Care. "
"For four years, to Selena doctor has spent several million dollars we yuan, is now relying on the money to sell the house to Selena continued rehabilitation at." Mother Wang Hua said.
Selena has been moved from a residential area to foreigners moved to ordinary Chinese neighborhoods. But no matter how difficult, Selena one did not give up. In the hospital, Selena also encouraged a patients said:! "You just can not play golf right-handed, but you can also practice with his left hand to play ah and I only hope that my right hand can hold a pen, so I could paint ! "
Claims 23 million yuan
At the beginning of 2007, Selena's parents lawyer to sue the Shanghai Changning District Court was dismissed. August 2007 Shanghai First Intermediate People's Court also sued to, but more than three years to no avail.
"This year, as long as know Selena and her story, no one does not say her poor, but did not hear any consolation to convey the property side, I did not see any apology expressed the property side. "Wang said," Although Selena defenders road is difficult, but we will stick in the end. "
July 1, 2010, "Tort Liability Act" came into effect on the first day, Selena's parents sue a lawyer again, to Shanghai China Enterprise Property Management Ltd. claims 23 million yuan.
According to Zhang Qi Huai lawyers,76d0xxtDH0, prosecution Ding Austrian court mainly because the villa property company failed to fulfill any obligations due managed services, resulting in the plaintiff suffered severe damage. Should take full responsibility in accordance with the "Tort Liability Act" and other laws and regulations defendants. "Pool water wall very slippery polished marble countertops, residential property lax management of the pool, did not arrange any rescue and security personnel around the pool for security management, resulting Selena accidentally fell into the pool. More due to water only 80 cm high, the water level does not reach the standard, resulting in a direct hit her head on the pool bottom. "Wang said.
In addition, since the Austrian jingling palace villas by Shanghai State Bank Enterprises Ltd. to develop and sell the company on December 27, 2005 cancellation, Zhang Qi Huai believes that its shareholders Peng Xin Shanghai (Group) Co., Limited Shanghai Pengxin construction and installation works The Company shall bear joint and several liability.
, Shanghai First Intermediate People's Court pretrial transcripts displayed in the previous November 29, 2007, the defendant believes that Selena pool accidents are not within the scope of management fees, but paddling pool. Property companies were free to pool management, and establish a warning sign in Chinese and English; not because the plaintiff while diving accident, so the defendant does not agree with the claims of Selena's.
November 22, 2007, the respondent pleadings of the two companies jointly and severally liable to the Shanghai First Intermediate People's Court submitted that the court villas Austria jingling through the acceptance of the relevant departments, in line with national standards and Shanghai, and has already delivery, the plaintiff's personal injury and developers do not have a direct causal relationship,AchGXRj9L8, and thus should not be held jointly and severally liable. The other defendant is the developer of a shareholder, the same should not be jointly and severally liable.
According reply comments Minhang District Planning Bureau, Ding Austrian court approval no pool villa on the content, but in the overall design plan have marked. According to site investigation, no change in the position and shape of the pool and the general layout marked.
Currently the case is under further investigation.
Another hidden repeat itself Duosailinnuo city attorney in the United States appear that the urban development to accelerate the emergence of various high-grade and multi-functional community, bring convenience to life at the same time, the hidden dangers also exposed the subsequent come out.
Swimming Selena is involved in case of illegal buildings, although architectural design and construction plan drawings have a pool, but has not been approved. Construction unit or building developers knowingly breaking the law, but there are still a number of security risks, such as the use of materials, anti-skid measures; foreign sales process claimed that facilities have swimming pools. On the one hand illegal construction, on the other hand alleged consumer fraud or contract fraud.
Attorneys that in Selena case, property companies can not shirk its responsibility. Property companies in the property management should be aware of when receiving the swimming pool is illegal construction, is not able to open; if open, should be equipped with lifeguards, rescue facilities, safety management systems, safety alerts,lfx8RkJVFr, etc. in accordance with the relevant provisions of the state open pool; property put Swimming as a paddling pool to open and manage, can be regarded as highly dangerous laissez-faire existence. Its staff found that the plaintiff in a high degree of risk, but not stop, discourage, leading to the plaintiff suffered serious, irreparable injury, should bear the corresponding tort liability.
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