5-Year-Old Boy Dies 3 Days After Being Struck by Falling Window in Shenzhen
18 Jun 2019
In a tragic situation, three days after being hit by a falling window, the 5-year old boy passed away at 5:12 a.m. on June 16th, the Shenzhen News Network reported.
The incident of the falling window occurred in Yujing Huacheng, Futian District when the boy was walking with his mother in the community. The window fell from the 20th floor of building 3.
Photo from: Shenzhen Special Zone Daily
After the incident, with the assistance of the security guard, and a private citizen, the boy was taken to the hospital for treatment. The boy was first sent to Shenzhen Chinese Medicine Hospital, and later redirected to Shenzhen Children's Hospital at 12 noon. After examination, the doctors revealed that the child had head trauma and his legs were broken. His stomach was also swollen.
He got out of surgery at about 8:40 in the evening. Reporters learned around 9pm, from the Children's Hospital Neurosurgery department, that the swelling and damage to his brain was serious, and he was not yet out of danger. In addition to brain surgery, other departments were also involved; including Thoracic Surgery, Orthopaedics, and Urology.
On the same day, the property company issued a safety reminder to the public and prompted residents to check their home equipment, such their windows, anti-theft nets, and air-conditioners in order to avoid high-altitude falling objects. The statement eluded to the recent rains in Shenzhen, and dramatic weather changes.
WARNING: This surveillance video captured by the nearby fruit store is graphic.
This is not the first time...
Yujing Huacheng also had a window fall on May 22nd. At that time, four owners of the 8th floor of the building were operating illegally when installing air conditioners outside the window, causing a glass in the window of the room to fall. Fortunately, there was no injury to pedestrians.
Residents of the community said that the windows in the community were seriously aging, and could easily fall when pushed.
In 2018, the Shenzhen News Network also reported on a situation where bricks fell off the exterior wall of Garden City Phase III.
Who is responsible?
The Shenzhen News Network reached out to various lawyers to get an answer. Generally speaking, they concluded that if the “perpetrator” cannot be confirmed, the residents of the entire building will jointly bear the civil liability. If it has serious consequences, it will have a major impact and will also bear criminal responsibility.
Liu Yajuan, a lawyer of Beijing Yingke (Shenzhen) Law Firm, told the reporter that if the owner, manager or user of the falling item is not the same person, it is recommended that the victim simultaneously sue the three parties and ask them to bear the joint responsibility.
It is everyone's responsibility to avoid this type of tragedy from happening
Lawyer Li Yali of Guangdong Chenggong (Longhua) Law Firm said that If you do not pay attention to inspection and maintenance, it is difficult to prove that the owner or manager is not at fault.
According to Article 87 of the Tort Liability Law: “Where any damage is caused by an object thrown or falling from a building and where it is difficult to identify the infringer, all users of the building shall pay compensation the victim unless he can prove that he was not the infringer." (Translation by Simon Choi "Who should be liable for an unidentified falling object?")
Window blown off during typhoon "Mangosteen" (aka: Mangkhut)
Industry experts say that owners should regularly clean the surface of the sliding window and the groove to keep the glass and hardware clean and bright. When opening and closing the doors and windows, use moderate pressure and be sure to promptly close windows when encountering windy weather.
Jingji Yujing Huacheng is a 210,000 sqm white-collar community built by Jingji Group. The project was completed in 2005.