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Mr. Lian, a resident of Haidian District, was installing a security door when the noise woke up his sleeping neighbor, Mr. Li. An hour later, Mr. Li died unexpectedly. Mr. Li's family sued Mr. Lian, two installers, and the security door manufacturer, claiming that the noise caused Mr. Li's death and seeking compensation of over 1.29 million yuan.
The court of first instance held that there was no causal relationship between the noise and the death, and therefore did not support the plaintiff's claim. Reporters learned today from the Beijing No. 1 Intermediate People's Court that the court upheld the original verdict in the final appeal.
The court of first instance found the following facts: On a Saturday in June 2016, around 1 p.m. , Mr. Lian, who lived in apartment 501, hired installers Yang and Xing to install the security door he had purchased. The mechanical drilling operation generated noise.
At this time, Mr. Li, who was resting in apartment 301, heard the noise and went upstairs to persuade the two workers to stop. The two workers immediately stopped working. Inside the apartment, Mr. Lian's property manager, Mr. Yu, also apologized to Mr. Li and told him that it would be over in half an hour. Mr. Li then went back to his room to rest.
After the installation was completed, Li's wife noticed something was wrong with him and immediately called 120 ( emergency services). However, Li died despite resuscitation efforts; the cause of death was sudden cardiac arrest. Further investigation revealed that Li had pre-existing coronary heart disease and regularly took medication.
Afterwards, Li's wife and children sued Mr. Lian, the two workers, and the security door manufacturer in court, seeking compensation for death and other damages totaling more than 1.29 million yuan.
The court of first instance held that although Mr. Lian and the two workers were not liable for the consequences of Mr. Li's sudden death, considering the economic losses suffered by Mr. Li's family, the court deemed it appropriate for the losses to be shared by both parties based on the actual circumstances of the case. The court ordered Mr. Lian, Mr. Xing, and Mr. Yang to compensate Mr. Li's family for funeral and medical expenses totaling over 18,000 yuan. Furthermore, the court held that the manufacturer of the security door was unrelated to the case. Mr. Li's family appealed.
The Beijing No. 1 Intermediate People's Court held that the direct cause of Li's death in this case was sudden cardiac death. Although Mr. Lian, Mr. Xing, and Mr. Yang violated the provisions of the Environmental Noise Pollution Prevention and Control Law and the Beijing Municipal Environmental Noise Pollution Prevention and Control Measures regarding the duration of renovations, they were unaware that Li suffered from coronary heart disease. According to general social understanding and life experience, renovation noise usually does not cause death. Therefore, there is insufficient causal relationship between the three's renovation activities and Li's death.
Ultimately, the court upheld the original verdict and rejected the appeal.
Knowledge dissemination
Article 45 of the draft Environmental Noise Pollution Law of the People's Republic of China stipulates that "on statutory rest days and holidays, and from 12:00 to 14:00 and from 18:00 to 8:00 the next day on working days, it is prohibited to carry out decoration or other noise-generating work in residential buildings that have been completed and put into use."
Article 47 of the Environmental Noise Pollution Law of the People's Republic of China stipulates that: when carrying out interior decoration activities in residential buildings that have been completed and delivered for use, the working hours shall be limited and other effective measures shall be taken to reduce or avoid environmental noise pollution to the surrounding residents.
Homeowners should also consult with their neighbors to understand each family's situation, listen to their opinions, and adjust their schedules accordingly.