Tragic Biogas Accident in China: Court Ruling and Compensation Details

2023-09-16 01:28:30

China’s biogas tank is a unique sight in rural areas. It is a special design that combines septic tank and gas supply. (Picture/reproduced from YouTube)

A murder case occurred in Guiyang, Guizhou, China in 2022. A 1-year-old and 5-month-old child unfortunately drowned in a biogas pool near his grandmother’s house. Although no one else was involved in the whole incident and it was purely an accident, the child’s father still took the child’s mother, uncle and grandmother who were present at the time to court, seeking compensation of RMB 800,000 (equivalent to approximately NT$3.5 million). In the end, the court ruled that the child’s grandmother must pay RMB 20,000 in compensation.

According to Chinese media reports, the entire incident occurred in 2022. A 1-year-old and 5-month-old child went to his grandmother’s house to play with his parents and uncle. The day following arriving, the child unfortunately drowned in a methane pond near his home. After police investigation, it was found that there was no external intervention and it was purely accidental. Therefore, the family was not held criminally responsible by the police.

Later, the child’s father took the child’s mother, uncle, and grandmother to court for failing to fulfill their guardianship responsibilities, and demanded compensation of RMB 800,000. After the trial, the court’s view was very different from that of the child’s father.

The court held that the child’s father and mother were both the child’s legal guardians. Both the mother and father, who were also present at the scene when the entire accident occurred, failed to fulfill their guardianship responsibilities. Therefore, the father’s complaint and request to the mother were The compensation does not meet the requirements. And because the child’s legal guardians were present at the time of the incident, the child’s uncle did not have the responsibility for temporary custody. Therefore, the court also believed that the child’s father’s claim for compensation once morest the uncle was unjust and therefore rejected it.

However, the court believed that although the child’s grandmother also had no temporary guardianship responsibility, she neglected to manage the biogas pool near her home, which resulted in safety risks. Therefore, the court finally ruled that the child’s grandmother must pay RMB 20,000 in compensation to the child. Father.

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