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In 2012, the district suffered due to low frequency noise transformer problems, headache,vNMiE4gX11, insomnia has many years of Ms. Huang, the early morning when a head injury caused by a sudden fall,g2S7hiY5MH, resulting in eight disabled. Subsequently,5XO36je44I,nike air max 2012, Ms. Wong will residential real estate developers to court. Yesterday, Nantong City Intermediate People's Court in this environment pollution liability disputes,air max outlet online italia, make upheld the final judgment, involving the MSC County Economic and Technological Development Zone Development Corporation, Sun Garden Branch 26 million yuan compensation for Ms Wong. & Nbsp; & nbsp;
April 2009, Ms. Huang and Development Corporation signed a contract for the sale of real estate, new homes get sunlight Garden after paying back the principal to sunlight Garden branch. April 2011, Ms Wong to stay after new house decoration. Soon, set in a residential building of the transformer low-frequency noise,scarpe hogan outlet, the impact of the residential building in some of the families live. From October of that year, some owners have to find Ms. Huang et Development Corporation to reflect, ask to solve the low-frequency noise. Development Corporation had written to the power company filed an application for, and involved the transformer noise reduction processing, but has not been completely resolved.
August 22, 2012, Ms. Huang fall caused by early morning when the head of the ground injured, after eight identified constitute disability. Ms. Huang believes that this is due to the low frequency noise transformer perennial issue caused her chronic insomnia, trance caused and Development Corporation, Sun Garden subsidiaries together reported on the MSC County Court.
After noise monitoring, Ms Wong at night in the bedroom of the home monitoring data was 43.7 decibels. Accreditation bodies view, Ms Wong long-term insomnia, headaches and dizziness repeatedly affected by noise and low frequency there is a causal relationship,air max pas cher chine, the abrupt fall injuries suffered noise pollution and a causal relationship could not be determined. According to the Ministry of Environmental Protection, "social life of environmental noise emission standards", indoor nighttime noise octave band sound pressure level limit of 35 decibels.
Although this provision does not apply to the environmental case, but residential buildings as places people live their daily lives, their noise prevention requirements lower than the general environment is high. Typically in accordance with social cognition,tiffany milano, involving transformer noise in the environment require a higher place to live while also untold dangers do not exist.
By MSC County Court, Development Corporation and the sun was ordered to pay Ms. Huang Jiayuan Branch of the economic losses totaling 261,GbVi4X2SC7,117.71 yuan. After the two companies involved refused to accept the appeal to the court of second instance. Yesterday,rYo6Qhig2w, Nantong Intermediate People's Court upheld the final judgment.
Judges say
Environmental Infringement
Applicable no-fault liability
Tort Liability Act, the provisions of Article 65, damage to the environment due to pollution,AS1TEnn3ok, the polluter shall assume the tort liability; Article 66 provides that disputes occur due to environmental pollution, the polluter should we not accept legal responsibility or mitigate liability provisions The burden of proof case. While Article 41 of the Environmental Protection Act also provides that cause environmental pollution hazards, have the responsibility of removing the hazard, and direct damage to the unit or individual damages.
It is the second trial of the case the judge Yang Sheng introduction, in this case,lXrp6BQW2X, the evidence submitted by the residents of Rights of Ms. Huang,dmwkjO68K2, head of application development, expert opinion, etc., have proved themselves to be the environmental damage, and the developers failed to adduce evidence to prove noise pollution and there is no causal link between the harmful consequences in law, so it should bear tort liability.
(Edit: SN146) |
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發表於 2015-7-1 19:30:58
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