A tenant died of carbon monoxide poisoning and his family received a compensation of more than 400,000 yuan


In December 2020, carbon monoxide poisoning in a rented apartment killed one man and injured another.After the incident, the bereaved family with a sad mood on the one hand to cooperate with the investigation of the public security organs, on the one hand to find the landlord to negotiate compensation.However, the landlord refused to pay compensation on the ground that he was not responsible for anything.After the introduction of friends, the bereaved family entrusted this lawyer as an agent, to the relevant responsible subject initiated a lawsuit.After the lawyer understands the parties concerned, the main reason for carbon monoxide poisoning in this case is that the water heater in the rented house is not equipped with smoke exhaust pipe.For this, the main body of the lawsuit is the water heater installer, the landlord and the gas company.But because the record of the public security organ can not be in the case of court investigation order, the lawyer can not access, can not obtain the identity of the defendant, can not file a lawsuit.Below this circumstance, the person that lets dead family member supervises management bureau to complain water heater installs to the market, via city supervises bureau investigation, the product quality that water heater installs place sells is unqualified, make relevant administrative punishment decision.After obtaining relevant evidence from the Municipal Supervision Bureau, the lawyer filed a lawsuit to the court. In the lawsuit, he applied for an investigation order from the court to inquire the evidence obtained by the public security organ.The court made a judgment after two sessions of the case, and judged that the tenant should bear 50% of the responsibility in this accident, the heater installer 25% of the responsibility, the landlord 15% of the responsibility, and the gas company 10% of the responsibility.The key element of this case is the evidence possessed by the public security organs.In the police interview record, both the heater installer and the landlord were questioned, and both admitted their participation and knowledge.Through this case, there are two points to remind everyone. First, we must pay attention to our own safety in life and pay attention to ventilation when using water heater/cooker and other gas facilities.Second, if an unfortunate event does occur, we must entrust a lawyer in time, and the lawyer will participate in and investigate and collect evidence, so as to prepare for the lawsuit after the event.Follow @yikui lawyer  and share real cases every week!

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