NT$3.76 million compensation for construction site injury / 工程防護不足 少年左眼失明獲國賠376萬
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Four years ago, Taichung City's Shigang District Administrative Office undertook a drainage construction project. As safety measures around the construction area were poor, a middle school student suffered an accident and was left blind in one eye. The boy's family filed for national compensation. On Sept. 6, the Supreme Court gave a final verdict and held the local administrative office 80 percent responsible for the accident. It has to pay compensation of NT$3.76 million.
Holding up the legal documents, Mrs. Kuo believes the Shigang District Office had failed to set up safety measures and caused his son's left eye blinded. After four years of legal action for state compensation, the Supreme Court had a verdict for the plaintiff, and the District Office must pay NT$3.76 million for this accident.
==MRS. KUO, the Plaintiff==
The District Office should had made us aware of what was ahead of us. Let us get home safely. That's all we asked for. Although we got the state compensation, but can this money restore my child's eyesight? No.
Back in 2012, her son was riding bicycle home and fell into a drainage ditch that was under construction. Her son was injured and his left eye left blind. The boy at that time was only 15 years old, and developed an inferiority complex.
==KUO CHIA-SHUO Victim==
My injured eye was covered up by a shield. My classmates looked at me. They made fun of me, and they laughed and called me 'single-eyed dragon.'
Because of his blind eye, he chose not to study after high school graduation. He works with his father. Although the verdict was for the plaintiff, but the District Office has said they are not fully responsible for the accident.
==LIU CHING-CHIANG, Shigang Dist. Office Supervisor==
The Supreme Court ruled our negligence was 80%, but I think we were liable for 20%. The drainage ditch was not deep, and the regulations did not require us to submit traffic controls for reviews.
The Supreme Court upheld the judgments from the lower courts, the District Office had failed to set up warning signs, fences or dispatch safety personnel for public construction. The Supreme Court rejected appeal from the District Office and the verdict was final.
TRANSLATED BY:ANTHONY LIN
拿著一大疊資料,郭媽媽認為區公所在工程範圍沒有做好安全防護措施,才會害他兒子左眼失明,經過了四年的國賠訴訟,最高法院終於判決定讞,石岡區公所必須對家屬國賠376萬元。
==郭媽媽==
能夠讓我們很清楚的知道
前面有什麼事發生或怎麼樣
就是能夠讓我們很安全的回家
我們要的是這個而已
今天國賠贏了 這些錢能夠
還我孩子他眼睛好嗎 沒有辦法
郭媽媽說,101年的2月3日下午,兒子騎腳踏車返家,卻在離家20公尺的地方,不慎摔進區公所施工中的排水溝,兒子受重傷,左眼治療後宣告失明,全家人都無法接受,也讓當年才15歲的男孩,開始產生自卑的心理。
==當事人 郭家碩==
我那時候是一隻眼睛
都用那個眼罩蓋著
然後就是同學的異樣眼光
學弟啊什麼的都有
就是言語上就會說什麼
笑你之類的 就說什麼獨眼龍
因為左眼失明,家碩高中畢業後也不願再升學,就跟在爸爸身邊工作,雖然國賠勝訴,但也已經改變了他的人生,不過區公所仍認為自己僅有兩成責任。
==石岡區公所農建科長 劉清江==
法院是判說
我們的過失責任是八成
在我認為是說 我們是兩成
開挖深度也不是很深
所以說 他們沒有規定說
一定要有交通維持計畫
送到那個 哪裡去審
最高法院維持一、二審判決,認為石岡區公所的排水溝工程未設置警示標誌、圍籬,也沒有人員指揮管制,應負八成責任,所以駁回公所上訴,全案定讞。
記者 邱植培 彭煥群 台中報導
