Amputee awarded US$50,000 by court

By Xu Fang  |   2008-10-29  |     NEWSPAPER EDITION

A CONSTRUCTION contractor and a firm that hires out construction equipment were ordered to pay 340,000 yuan (US$49,715) in compensation to a waste collector whose right leg was chopped off in an accident, a local court ruled yesterday.

The Huangpu District People's Court judged the contractor, surnamed Cai, and the equipment company, which wasn't identified by the court, were partially to blame for the accident.

In the early hours of October 14, 2006, a man surnamed Zhou went into a construction site to collect waste steel. A mechanical digger Cai had rented from the equipment company was clearing garbage from the site.

Because the area wasn't properly lit, the digger driver didn't see Zhou and swung the shovel on the digger into him, severing Zhou's right leg.

Zhou's was given an artificial limb after the accident.

Zhou filed a lawsuit seeking more than 1.13 million yuan compensation for his disability and the cost of the artificial limb.

Cai said Zhou had gone into the site without permission and when the accident happened he was standing in the blind spot of the digger.

The court ruled Cai had failed to provide proper lighting or employ staff to manage the site. The digger driver was found to be at fault because he didn't ask Cai to provide better lighting.

Because the driver was employed by the hire company, that firm was also ordered to compensate Zhou.

However, Zhou was found partially to blame, having broken into the site, and therefore the compensation was cut to 340,000 yuan.