Children's drowning compensation

The compensation standard for children's accidental drowning death is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and calculated according to 20 years. In addition, the related funeral expenses and other expenses need to be dealt with in combination with the actual expenses, and the specific situation can be determined according to the consultation opinions or judgment results.

Legal analysis

It depends on the owner and sealing degree of the swimming pool, whether it is a public place similar to a park or a private swimming pool. If the swimming pool belongs to a public place, the company is at fault (warning signs are not set, etc.). ), then it needs to bear the liability for compensation. The child indulges in two responsibilities. First, the guardian did not fulfill his guardianship obligations. To put it simply, he doesn't care about the child. Second, the construction party did not set warning signs and assumed fault liability. Therefore, there is nothing wrong with the principle that the responsible court shares it half by half, that is, parents and responsible units each bear half. As for the compensation standard, the document stipulates the compensation standard, which depends on age and local income level, but usually this standard can't keep up with the development of the situation, so the actual compensation will be lower than the local standard at that time. If you have any objection to the compensation standard, you can appeal and put forward the basis for compensation (including child support, mental impact medical records, etc.). ) and even recent compensation cases for the court's reference, so as to strive for a higher compensation amount. Of course, it is also possible to consult with the relevant units and ask the administrative organs to give compensation (humanitarian compensation).

legal ground

People's Republic of China (PRC) Civil Code

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 179 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.