Gree air-conditioning power line short circuit led to Beijing World Market fire, the market side sued Zhuhai Gree Electric Co., Ltd. claims a billion.Germany Greene company said there is no evidence that air conditioning is 'Gree made', but was issued by the fire department to prove the letter to play - There is a 'Zhuhai Gree Electric Appliance Co., Ltd.' logo on the air-conditioners in the case involving the photo.
After trial, the court found Gree air-conditioning involved as defective products.Recently, the Beijing Higher People's Court ruled Gree final compensation loss of more than 366 yuan.
World Market fire on the second floor of the basic goods burning light
At 18:45 on May 8, 2011, a fire alarm was received by the fire department in Beijing Municipality and a fire broke out at No.67 Tianxia City Market in Tiancun Road, Haidian District fire department quickly mobilized 11 fire squadrons and 47 fire engines, More than 300 officers and men rushed to the scene, more than three hours after the fire was under control, 1:00 the next day before completely extinguished.
After investigation, the world market over-fire area of 2000 square meters.According to business memories, the most serious fire is the main selling textiles and electrical appliances and other department stores on the second floor, the whole floor of the basic goods burn.
The day of the incident because of the rain, most businesses are half an hour ahead of the go, the result is poor 10 minutes lit up the fire caused by the heavy losses of businesses, ranging from a few thousand dollars, as many as several hundred thousand dollars.
After the accident, the World City Company made a compensation to the merchants, at the same time entrusts the appraisal organization to carry on the appraisal to the damaged house security, and strengthens, repairs to the housing which has the potential safety hazard, the damage, collapses, after nearly a year and a half the market Resume business.
Fire Identification: Short-circuit the air conditioning caused a fire Gree claims a million
After the accident, the Tianjin Fire Physical Evidence Identification Center of the Ministry of Public Security Fire Department made a "Technical Appraisal Report" on the fire and the result of the appraisal was that a short circuit of the motor line in the air conditioner caused a fire.
Haidian District, Beijing Fire Department Fire Brigade on the fire to make a "fire Accident Book," found the cause of the air conditioner in the power line short circuit.
Beijing World City Commodity Exchange Market Co., Ltd. said the air conditioner used in the mall Gree Gree Electric Appliance Co., Ltd. Gree divider heat pump type patio air conditioner, model KFR-120W.
The company believes that its huge economic losses due to the existence of air-conditioned Gree product defects exist, according to "People's Republic of China Tort Liability Act" and "People's Republic of China Product Quality Law," the relevant provisions of Gree as a defective product The producer shall pay compensation for the total loss suffered by Tianducheng Company and sue to Beijing No.1 Intermediate People's Court for a request that Gree awarded a compensation of 2105 million yuan due to business losses caused by fire insurance and a loss of 29 million yuan during business suspension Yuan, 4080 million yuan to pay the cost of housing repair, due to the fire during the suspension of wages to employees 10.31 million yuan, a total of 101 million yuan.
Gree: no evidence that air conditioning is my family fire reply letter face
In court, Gree said there is no evidence to prove that the air conditioner is produced by Gree Gree air-conditioners.
The company also believes that the cause of the fire identified the lack of factual basis, the scope and amount of fire losses found wrong.
Cause of fire air-conditioning, in the end is which brand? Court sent a letter to the Public Security Fire Brigade in Haidian District, Beijing to understand the situation. The court received the reply confirmed that the fire department to extract the power cord connected to the outdoor air-conditioning unit, 'Zhuhai Gree Electric Co., Ltd. 'Logo, with live photos.
At the same time, the world city company also submitted an invoice to purchase Gree air-conditioning invoice official seal Gree Gree Tower 4S shop financial seal.
Gree also submitted to the judge the State Administration for Industry and Commerce (SAIC) the copy of the Notice on Recognition of Gree's Trademark as a Well-known Trademark and the China Compulsory Certification issued by the National Quality Certification Center to prove that the products manufactured by Gree are in conformity with the national quality Standard, there is no product quality defects.
In this regard, the world city company believes that the compulsory product certification only represents an honor, does not mean that products produced by the enterprise will not appear quality problems.
Court: Gree air-conditioning involved in defective products business should be responsible
After the first trial, the Court held that in the present case, the Gree air-conditioners purchased by Tianxia City Co., Ltd. were short-circuited by the power cord and caused a large-scale fire during use, causing a large amount of property damage in the market.
In this case, the air conditioners for patio were fixed in a fixed position. During normal use, one of the power lines was short-circuited and caught fire, which exceeded the functional scope of the air conditioner itself and the products appeared unreasonable.
Air conditioning power line short circuit, whether it can be identified as defective products? The court held that, according to the principle of strict liability for product liability, by the World City Company to continue to prove that the existence of product defects, has exceeded the city as a consumer of evidence capacity and Scope, Gree Corporation should be on whether to apply exemption from the burden of proof.
Gree's products are subject to national compulsory certification, but can not be found on the basis of all the products manufactured there is no manufacturing, design or warning defects.
Gree cited evidence can not be confirmed for exemption, in particular, can not confirm that the company is a non-compliance or other external causes of product failure.
In view of the inability to carry out the product quality appraisal due to the objective reasons that can not be attributed to the World City Company, the fire accreditation book is the only evidence in the present case that has both objectivity, relevance and proof. Based on the above merits, there is no other objective evidence In the case of corroborating evidence, the accident caused by the air conditioner malfunction is more probable. The company of Tianxia City apparently has the evidence advantage. The products involved by Gree Company exceed the consumers' expectation of danger and the safety of the product itself. There is unreasonable Dangerous, as a defective product. Gree as a product producer, according to the law should bear the tort liability.
After the loss of the Court of Justice awarded the judgment of 366 million
During the trial, the court asked the authorities to calculate the losses caused by the fire and found that the economic losses caused by the fire in Tianxia City were 2441 million yuan.
Public Security Fire Brigade in Beijing Haidian District Fire Investigation Files show that the world city of small commodities wholesale market operators, the tenant merchants, venue management, there are many flaws, the site lacks the overall norms piling, excessive combustibles, unauthorized construction of buildings Resulting in a narrow fire exit. After the merchants leave, they respectively use barbed wire to shut down their respective venues. As a result, the fire spread rapidly and a fire was formed. The fire fighting work was prevented from entering the scene in time due to the environmental impact. The over-fire area was expanded and the fire-extinguishing process Longer.
According to the law, if the infringer has done something wrong with the damage, the infringer's liability can be alleviated.
Beijing First Intermediate People's Court of First Instance combined with the respective degree of fault of both parties, determined Gree's 15% civil liability for damages and ordered Gree Corporation to compensate Tianxia City for various economic losses of 3.66 million yuan.
World City shut down due to security risks
After the judgment of the first instance, Gree Company refused to accept the appeal. On August 8, 2017, Beijing Higher People's Court upheld the verdict.
According to insider introduction, in August 2016, the world market due to security risks and other issues, the government department requested shutting down.Next month, the market all the businesses have all been moved out.
Recently, the reporter went to the World Trade Center Commodity Exchange visited the reporter found that the market has been strictly prohibited outsiders to enter, only the construction workers in the demolition of buildings, but the mall's wall can still see the traces of the year's fire.