Reporter Tang Hui Correspondent of this newspaper Qi Feng and Ma Junqiang
Recently, Zhu of Wuqiao received 13,000 yuan in compensation from his neighbor Yang.
More than a year ago, Yang's family did a happy event. When the neighbor Xiaoyang was playing in front of his house holding the child, he was injured by the "two kicks" fired by Yang's family. Xiaoyang received treatment in the hospital for more than two months, and Yang advanced 9,000 yuan in medical expenses.
In order to claim compensation, Xiaoyang's husband Zhu took his neighbor Yang to court. Yang pushed the liability to the seller and producer of the firecracker, and asked Zhu to refund the medical expenses he had advanced.
Neighbors do happy things
Wounding people while setting off firecrackers
Wuqiao is a neighbor of Xiaoyang and Yang in Jizhen.
One afternoon in September 2019, Xiaoyang was playing with his young child at the door. Neighbor Yang is organizing a wedding for his son Yang Moumou, and there are many guests in the home, which is very lively.
At more than 5 p.m. on the same day, Yang's family set off firecrackers. Unexpectedly, after a loud sound, a "two-kick" flew obliquely towards the child in Xiao Yang's arms. Worried that the child was injured by the explosion, Xiao Yang did not have time to dodge, and directly blocked the child with his arm. The "second kick" exploded twice, and XiaoYang's arm was injured.
Neighbor Yang Mou and others at the scene found that Xiaoyang was injured by the explosion and sent her to Wuqiao County People's Hospital for treatment in time. Subsequently, Xiaoyang was transferred to Cangzhou Hospital of Integrated Traditional Chinese and Western Medicine for continued treatment.
After diagnosis, Xiaoyang's right forearm is open injured, the right upper extremity has multiple superficial injuries, binaural conductive deafness, and bilateral perforation of the periosteum.
Xiaoyang was hospitalized for more than two months. During this period, Yang advanced 9,000 yuan in medical expenses. After Xiaoyang was injured, her husband Zhu's life and work were also affected. To this end, Zhu found Yang and demanded compensation. After several communications, the two sides have never reached an agreement on the amount of compensation.
Subsequently, Zhu sued Yang and his son Yang to the Wuqiao Court, demanding that the two pay more than 25,000 yuan for medical expenses, lost work expenses, and nursing expenses.
The injured sued for claims
Neighbors claimed no responsibility
Zhu believes that his wife Xiaoyang was injured by firecrackers fired by Yang's family, which not only caused them economic losses, but also delayed the normal work of him and his wife. He said that after his wife was injured, her tinnitus was severe, she could not sleep normally, and she often had headaches. The wife's normal life was severely affected. Yang's family should compensate his wife.
For Zhu's statement, Yang did not agree. He believes that he and his son Yang Moumou are not the producers and sellers of firecrackers, but only the buyers of firecrackers, and Zhu should claim compensation from the producers and sellers of firecrackers.
Yang said that after Zhu's wife Xiaoyang was injured by the explosion, he paid 9,000 yuan in medical expenses in the neighborhood relationship for many years. Zhu Mou was not only ungrateful, but also asked him for compensation, which was really unreasonable. Yang asked Zhu to return the 9,000 yuan he had advanced for medical expenses.
Yang believes that there are quality problems with the firecrackers that injured Xiaoyang. He provided the court with eyewitness testimony and asked the court to add Jiao Mouhe Fireworks and Firecrackers Co., Ltd. (hereinafter referred to as the Fireworks and Firecrackers Company), who sold firecrackers, and a certain He Fireworks Manufacturing Co., Ltd. as defendants.
During the second trial, Jiao said that the firecrackers he sold were purchased from fireworks companies and were all qualified products, and Zhu's wife's injury had nothing to do with him.
The person in charge of the fireworks company said that there was no buying and selling relationship between the company and Yang, and Yang did not have evidence to prove that there were quality defects in firecrackers. The person in charge said that according to the witness description provided by Yang, the "second kick" was a normal explosion. Someone's illegal operation is the direct cause of Xiaoyang's injury. A certain Fireworks Manufacturing Company did not participate in the trial.
The court investigated the hearing
Neighbors are compensated in accordance with the law
After trial, the Wuqiao court found that in order to organize the wedding of his son Yang Xx, Yang mou purchased a "second kick" at the fireworks company through Jiao. Yang mou is to handle the marriage for his son Yang mou, and Yang mou, as the beneficiary, should share the responsibility with Yang mou.
Based on the testimony of relevant witnesses, the Wuqiao court held that, according to the evidence provided by the fireworks company, it did not find that there was a quality defect in the "second kick" that caused Xiaoyang's injury. At the time of the incident, there were more people setting off firecrackers, Yang Mou neglected to manage the personnel who set off firecrackers, and some people did not regulate the display of firecrackers, resulting in the occurrence of firecracker injuries. Mr. Yang and Mr. Yang shall bear all tort liability.
The Wuqiao court found that Xiaoyang's medical expenses, hospital meal subsidies, nutrition expenses, lost work expenses, nursing fees, and appraisal fees totaled about 23,000 yuan. Deducting the 9,000 yuan advanced by Yang, Yang and Yang also have to pay about 14,000 yuan.
Recently, the Wuqiao court ordered Yang and Yang to compensate Xiaoyang for about 14,000 yuan.
Yang's father and son were not satisfied with the judgment of the Wuqiao Court and subsequently filed a lawsuit with the Cangzhou Intermediate People's Court. After mediation by the Municipal Intermediate People's Court, the two sides reached an agreement. Yang's party compensated Zhu for 13,000 yuan.
At this point, the case was closed.