Leakage occurs only after the insulation of the winding is damaged.
The court held that, when replying to this question, the appraisal agency adopted the expression of “possible” for the cause of the electric leakage of the water pump involved in the case, and failed to clearly explain whether the water pump involved in the case has quality defects.
The appraisal opinion stated that the leakage was caused by the short circuit between the main winding of the motor stator and the motor housing of the submersible pump involved.
Since the plaintiff did not report to the relevant departments in time, it was not determined by the professional department whether there was any leakage accident caused by Xiao Song’s illegal operation in this case, and whether the plaintiff’s safety production guarantee was not in place.
The clinical cause of death was exposure to unspecified current (industrial and building areas).
The plaintiff appealed against it, and the original judgment was upheld in the second instance.
At about 11:00 on the same day, Xiao Song accidentally got an electric shock during construction on the site and died after rescue.
Can you specify which clause did not meet the above standard? 2.
Moreover, because short circuit is not the initial cause of electric leakage, the logical level of this problem should be the cause of short circuit → short circuit → electric leakage.
On June 27, 2021, the plaintiff company purchased a single submersible electric pump from a mechanical and electrical company to extract sewage from the sump at the construction site.
The reason for the leakage of the water pump involved in the case described in the appraisal opinion is the problem caused by the short circuit between the main winding of the motor stator and the motor shell.
The defendant raised an objection to this, and the court also requested the appraisal institution to explain this, but the appraisal institution failed to reply clearly.
The leakage of the water pump involved in the case was caused by the short circuit between the main winding of the motor stator of the submersible pump involved and the motor shell.
Later, a certain equipment installation company of the plaintiff reached a compensation agreement with Xiao Song’s relatives to compensate them for all losses such as death compensation and funeral expenses, totaling more than 800000 yuan.
After all the above compensation was paid, the plaintiff, an equipment installation company, believed that the single submersible electric pump had quality problems, and sued the manufacturer and seller of the electric pump involved in the case to the People’s Court of Pingyin to claim compensation.
Therefore, without other evidence to support it, it is impossible to prove that the pump involved in the case has quality problems based on the existing evidence.
In order to find out the facts of the case, the judge in charge also raised the following questions to the appraisal organization: 1.
The internal wiring error of the single submersible pump involved in the case does not conform to GB/T25409-2010 Small Submersible Pump 4.1.1 and 4.6.2; 2.
Therefore, in the process of production, the enterprise must strengthen the work safety in accordance with the provisions of the Work Safety Law, strengthen the education of safety production awareness and safety production knowledge training of enterprise employees, improve safety production skills, enhance accident prevention and emergency response capabilities, and prevent and reduce the occurrence of safety accidents-.
In addition, the accident in this case belongs to a safety production accident.
During the trial of the case, the plaintiff applied to identify whether the integrity (not disassembled) of the water pump involved in the case and the product quality meet the national standards, whether there are potential safety hazards and the cause of electric leakage.
It is identified that the appearance of the single submersible pump involved in the case is complete and the internal wiring is wrong, which does not conform to the standard of Small Submersible Pump (GB/T25409-2010).
The fusing of the connection between the winding lead and the conductor may cause the internal short circuit of the winding and the short circuit to the motor housing, and the fusing of the connection between the winding lead and the conductor may be caused by the poor connection process.
In addition, according to the inquiry records made by the public security organ to the young Song Gongyou, it can be seen that the water pump in the case was able to work normally at the beginning.
As the saying goes, “safety is not a trivial matter”, safety in production is a major responsibility for enterprises and employees.
When the public security organ went to the police to deal with it, it inquired about Xiao Song’s workmates.
” The court decided that after hearing, the court believed that there was an internal wiring error in the water pump involved in the case according to the expert opinion.
Under normal conditions, the winding of the water pump motor is insulated from the motor housing and will not leak electricity.
To sum up, the court of first instance rejected the plaintiff’s claim according to law.
Xiao Song, the basic case, was an employee of the plaintiff’s equipment installation company.
Can you specifically analyze the cause of the short circuit? The appraisal agency replied: “1.
3.
After the incident, the plaintiff reported to the public security organ.
If the pump involved in the case only has internal wiring errors and no short circuit, will it cause electric leakage? 3.
If the internal wiring of the water pump in the case was wrong, it would inevitably lead to electric leakage, then the young Song Gongyou who washed his feet at the water pump outlet might be the first person to get an electric shock, but the worker did not actually get an electric shock.
The appraisal opinion stated that the pump involved in the case did not meet the standard of Small Submersible Electric Pump (GB/T25409-2010).
Once a safety accident occurs, it can range from civil compensation to criminal offense, causing adverse effects on enterprises, employees and others.
Therefore, the court held that the internal wiring error of the pump involved in the case did not necessarily lead to electric leakage.
Later, the defendant raised an objection to the above appraisal opinions, and the appraisal institution replied one by one.
