The court ruled that the family of a 14-year-old girl who fell to her death after being beaten and abused by her parents claimed 800,000 yuan from a railway freight yard
The age of 14 is the beginning of love, some children also have curiosity and affection for the opposite sex, but 14 is also the age when most middle school students take the entrance examination, facing the pressure of entering school.For children at this age, whether in school or in family life, emotional aspects are more sensitive and impulsive, in life they need parents to care for their children more and accompany, rather than beat and scold.At 6:25 PM on August 29, a 14-year-old girl walked into a staff compound in Huangpu District of Guangzhou alone.When she tried to enter the new office building in the compound, she found the gate was locked. Then she went to the old office building in the other direction of the compound. She entered the old office building alone and reached the rooftop of the fifth floor through the stairs.The girl’s parents, unaware of her death, filed a police report in the early hours of the next morning after a fruitless search. Police eventually found her with no vital signs.Why did the girl take her own life?What happened to her before that?Xiao Ran, a young girl, lives an ordinary life with her parents and younger sister in a rented house in Huangpu District, Guangzhou.In the family, she has always been a good girl in the eyes of her parents and a role model for her younger sister. She not only has excellent academic performance, but also often helps the family to do some housework.But in life, father often busy because of work, there is no time and energy to deal with the growth of the child, in the child and his wife conflict, but also play a role.But the mother Jane is irritable, when the child has problems, often adopt the way of stick education, to deal with the child’s growth and learning problems, and this kind of treatment is obviously hidden trouble.In the process of growing up in the eldest daughter small Ran, because the mother beat and scold, under the anger made the behavior of running away from home.Shortly after her first run away, Xiao Ran returned home by herself. The second time, her parents found her by a nearby river and brought her back.So when the incident, when taking the little daughter to go out shopping Jane home, did not find the figure of small Ran thought it was her daughter to go out in anger, did not think this daughter has made a foolish thing.A few days ago, small ran’s middle school exam results came out, only 2 points can take an examination of a key high school, for such a regret, small Ran also feel some loss, but to this 2 points out of greater is her mother.Hoping for her daughter s success, The woman questioned her daughter and picked up a book on the table and threw it at her, slamming her bedroom door.After calming down, She went back to her bedroom to talk to her daughter, but there was already a gap between her and her daughter.Especially when the mother found that small ran had puppy love signs, after asking small Ran also admitted that he liked a male classmate.Sorrow for its misfortune, anger of its not to contend, that daughter Jane after puppy love is angry, that is puppy love affected her daughter’s play, it did not take an examination of the key high school.Another argument broke out between the mother and daughter, during which Jane slapped her daughter several times.At noon on July 29, the mother and daughter had another argument about puppy love, and Jane criticized her again. Facing her silent daughter, Jane became angry and slapped her daughter several times.She then went shopping with her younger daughter, leaving her at home alone.When she returned home that night, she did not see her daughter. Fearing that her daughter would run away from home in anger, she went out with her husband and others to look for her.The police visit in the process of investigation, they found small Ran’s body, and through the monitoring of the incident site, saw the beginning of the scene.In the process of investigation on the site of the incident, it was found that the old office building one to three has been idle, four to provide workers to rest, the fifth floor roof to the last place of small Ran on the way, the need to climb a 1.3m platform, during no second people appear, so that the nature of the accident for jumping suicide behavior.But small Ran’s parents will be the management of the staff courtyard to the court, that they as a public place, in the process of the event, did not do security obligations, there is no warning slogan, need to assume responsibility for the death of her daughter, put forward more than 800 thousand yuan of claims.According to the provisions of article one thousand one hundred and ninety-eight of the civil code, hotel, Banks, shopping malls, railway stations, airports, stadiums, entertainment and other places of business operators and managers, public or mass activity organizers, did not fulfill the duty security, causes damage to others, shall bear tort liability.The first-instance court held that the cause of Xiao Ran’s death mainly lies in the improper way in which The couple dealt with their child’s education and failed to fulfill their guardianship responsibilities as guardians, which led to the occurrence of the incident.Therefore, Jane couple two people in the event there is a major fault, should assume the main responsibility.However, the place where the incident took place was a public place for non-specific people, and the security responsibility was not fulfilled within a reasonable range in the process of the incident, so there was a slight fault.Discretionary management to bear 10% of the liability for compensation, to pay more than 99,000 yuan of economic losses to The couple.The management party refuses to accept and appeals.Guangzhou Intermediate People’s Court for the second trial, held that although the incident is a public place, it should be open for business, and the incident is not for minors open for entertainment.It is considered that requiring management to lock the door of the old office building and set up warning signs is beyond the normal and predictable duty of care and security, and belongs to the scope of expanding enterprise security obligations.Moreover, in the process of the event, all the behaviors belong to the generation of small Ran independent action, as a high school student with normal behavior ability, should be able to judge and understand the danger of their own behavior.And the cause of the incident is the wrong way of education of the parents of the dead, the consequences of the event need to be borne by the small ran personal and did not do the responsibility of guardianship Jane couple, that the management of the workers compound without responsibility, rejected the small Ran parents claim.