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Chapter 499 Infringement dispute over falling objects (15)

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    ?

    Liu Yupei said: "Do the two sides have anything to add to the facts?"

    Fang Shouheng: "There is no supplement."

    Lin Ziyao: "Nothing to add."

    Liu Yupei nodded, and then said: "I ask the defendant a question."

    Yuan Wu and Wu Hang immediately raised their vigilance, and the owners in the auditorium also looked at Liu Yupei in unison.

    Liu Yupei asked: "During the trial, the defendant believed that the plaintiff should bear part of the responsibility for the illegal parking. What is the proportion of the defendant's belief that the plaintiff and the defendant are at fault?"

    Wu Hang's heart was beating violently.

    Yuan Wu and Wu Hang muttered in low voices, and Yuan Wu replied: "The defendant must bear at least half of the responsibility!"

    Wu Hang nodded immediately and said, "You are right!"

    Yuan Wu made up his mind, and said loudly: "The defendant should bear half of the responsibility."

    There was a burst of applause in the courtroom.

    "Silence!" Liu Yupei said.

    Yuan Wu raised his hand to signal for everyone to be quiet, with the momentum of pointing the country.

    However, everyone didn't seem to listen to Yuan Wu's words, and they still whispered to each other.

    Yuan Wu's face collapsed in an instant The neighbors really don't give her the face of the building management.

    Liu Yupei tapped the gavel and said again: "Quiet."

    Only then did the court gradually calm down like waves gradually calming down.

    "Defendant, do you believe that the plaintiff should bear 50% of the liability for compensation?" Liu Yupei asked.

    "Yes." Yuan Wu nodded solemnly.

    "Record it." Liu Yupei said.

    Liu Yupei's question is not that he is going to judge according to the proportion proposed by Yuan Wu, but to clarify the defendant's claims.

    If the defendant claims that the plaintiff bears 30% of the lawsuit, she cannot judge that the plaintiff bears more than 30%, because the parties' own statements that are not conducive to themselves cannot be withdrawn.

    For example, one party said that I can bear 30% of the responsibility. If the judge awarded 20% of the responsibility, the other party would appeal.  octavo.

    Liu Yupei said: "The next step is to enter the court debate stage. The plaintiff first expresses his arguments."

    Fang Shouheng said: "Dear presiding judge, the facts of this case are clear and the evidence is sufficient. The plaintiff parked his Porsche at the bottom of Building No. 9 in Cuihu Community and was smashed by bricks thrown from Building No. 9, resulting in a maintenance cost of 211,980 yuan. The plaintiff  The real infringer was not captured by the monitoring of the community at the first time. The tort liability in this case belongs to the special tort liability stipulated in the Tort Liability Law, and the principle of liability presumption of fault is implemented.¡±

    ?The so-called presumption of fault means that if the victim can prove that the damage he suffered was caused by the perpetrator, but the perpetrator cannot prove that he is not at fault, the perpetrator should be presumed to be at fault and bear civil liability in law.  The presumption of fault implements the inversion of the burden of proof. Through the principle of presumption of fault, it is presumed that the actor is at fault from the fact of the damage. The victim is exempted from the burden of proof and is in a favorable position.  Conducive to protecting the legitimate rights and interests of victims.  The victim needs to prove the harmful behavior, the fact of the damage, and the causal relationship.

    Fang Shouheng said: "In this case, the plaintiff, Ms. Lu Yaoli, has fulfilled the burden of proof and proved her losses. According to the provisions of Article 87 of the Tort Liability Law and the provisions of the Civil Procedure Law, I request the court to make a judgment in accordance with the law. No. 9 Cuihu Community  All owners of the building shall compensate the plaintiff for vehicle maintenance costs of 211,980 yuan.¡± (Remember the website website: www.hlnovel.com
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