Our staff reporter Liu Yang and Zhu Yan - In order to protect a mother and her daughter, Shi Fengxia from Inner Mongolia was disabled after being hit by a falling window in Beijing. The huge medical fees have left her unable to bear the burden. Out of desperation, she filed a lawsuit against the owner of the window and the user of the house for compensation amounting to more than 230,000 yuan.
Yesterday, Xicheng Court made a first-instance ruling that the two defendants compensate Shi Fengxia for various losses exceeding 120,000 yuan.
Acts of bravery led to a Grade 10 disability
Shi Fengxia vividly remembers the scene on the afternoon of March 29 last year under Building No. 15 on Nan Dajie Street when a plastic steel window fell from the 17th floor. "I heard a loud 'boom' like an explosion, and I looked up to see large pieces of sharp glass falling down."
She said that seeing the glass about to fall on a mother holding her child, she shouted "child" and hugged the mother and child. Subsequently, she felt the entire window crash onto her back, with sharp broken objects piercing through her right arm.
Upon diagnosis, Shi Fengxia had multiple injuries on her right upper arm, right chest, and waist back, constituting a Grade 10 disability, losing her ability to work. However, the mother and child narrowly escaped harm; the child had a scalp abrasion, while the mother's finger was cut.
Unable to bear the heavy burden, she reluctantly sued the homeowner
After the incident, Shi Fengxia received personal donations exceeding 20,000 yuan, charity organization donations exceeding 20,000 yuan, and company donations of 7,000 yuan. She also received the government-issued Certificate of Bravery and Disability Certificate, with the Civil Affairs Bureau giving her a one-time bravery award of 4,000 yuan and a special hardship subsidy of 3,000 yuan, along with an annual disability subsidy of 5,000 yuan.
However, the costs incurred from four surgeries and multiple hospitalizations due to illness still left her unable to bear the burden. Helplessly, she sued the house user and the homeowner at the Xicheng Court, claiming over 230,000 yuan for medical fees, disability compensation, etc. Due to the homeowner not being in the country, the case was delayed for a long time before it could be brought to trial.
Until yesterday's court announcement, the homeowner did not appear, so the court conducted an absentia judgment.
The homeowner and others were ordered to compensate over 120,000 yuan
The court ruled that according to the law, if buildings or other facilities, as well as items placed or hung on buildings, fall or drop causing damage to others, their owners or managers should bear civil liability.
In this case, Shi Fengxia was injured by the window while rescuing others. The involved homeowner Fan and the actual user Ji of the house should bear corresponding civil liability for this incident, compensating Shi Fengxia for reasonable losses (including medical fees, disability subsidies, etc.) exceeding 120,000 yuan.
Shi Fengxia's agent stated that due to her son's high eye pressure facing blindness risk, as a single mother, Shi Fengxia returned to her hometown to take care of her son, thus not attending the court session.
■ Dialogue
Last night, Shi Fengxia introduced her current situation over the phone: both of her injured arms are still swollen and painful, requiring multiple surgeries and hospital stays, her son needs urgent treatment for high eye pressure, and her living conditions are extremely strained. But Shi Fengxia said that society's concern and donations make her feel happy, and she hopes to donate her corneas after death to give back to society.
Hope to donate corneas after death
Beijing News: Are you satisfied with the verdict?
Shi Fengxia: This lawsuit didn't really consider how much money was awarded; this sum is far from enough for what I've spent, but winning the case means this verdict is fair to me. I can't understand the other side (defendant); their words once hurt me deeply. I remember saying during the rescue that I wasn't trying to extort them, yet they still sent seven or eight young men to threaten me. From my hospitalization until now, the other side has never shown up, not even saying something comforting. Since I really couldn't afford it anymore, excluding borrowed and donated funds, I myself have already spent close to 200,000 yuan, leaving me no choice but to file the lawsuit.
Beijing News: Have you ever regretted it?
Shi Fengxia: Sometimes when I'm under great pressure, I think that (if there's a need to save someone) I really won't rush forward again, but if such a situation really arises, I believe I would still do it. It's just my nature. Now these difficulties will just have to be overcome step by step. Only if I maintain a good mindset can I provide comfort to those who have helped me.
Beijing News: What are your future plans?
Shi Fengxia: Returning to my previous state of health is impossible. Now, I hope that my arm stops hurting so I can do a little work. With so many people caring about me, during idle chats with friends, I say that since my eyes are still good, I want to donate my corneas after death to give back to society.
Our staff reporter Liu Yang
Welcome to comment! I want to comment.
Sina Weibo Recommendation | Today's Sina Weibo Hot Topics (Editor: SN047)