Liu Xiuping v. Beijing Yongfeng Hengfa Commerce Co., Ltd. (appeal case regarding dispute over product liability)

[Judgment Abstract]

In accordance with Article 148 of the Food Safety Law, the producer or the seller shall assume liability of a ten-fold compensation provided that the consumer has suffered loss from food failing to meet the food safety standards. Nevertheless, the ten-fold compensation liability does not apply where a professional anti-counterfeit fighter has neither actually used a counterfeit product nor suffered from any loss after the purchase of it. Besides, if the anti-counterfeit fighter buys the counterfeit product intentionally for seeking a profit through litigation, or obtaining a huge compensation, he or she is not defined as a consumer who should be protected by the Law on the Protection of Consumer Rights and Interests. Accordingly, the said act of the anti-counterfeit fighter will certainly not be supported by the people’s court.

Nanning Zhenning Development Co., Ltd. v. Chen Yongrong, et al. (case regarding dispute over liability for noise pollution)

[Judgment Abstract]

So far, there haven’t been specific standards for rating the noise of the equipment (including water pump) installed in residential buildings, but this does not mean that water pump facilities will not produce noise pollution or its noise emission will not be limited. Where the sound of a running water pump disturbs the usual life, work and study of residents and exceeds the national standard for environmental noise emission, it can also be determined as noise pollution. The standards for noise emission can be determined by reference to the provisions on environmental noise pollution produced in profit-making cultural and entertainment centers and commercial activities stipulated in the Standards for the Emission of Noises in the Social and Living Environment. Therefore, developers of residential buildings should assume compensatory liability unto the injured owner if the noise of the pump placed in the residence exceeds the noise emission standard and causes noise pollution.

Li Xiufeng v. Li Hailong (appeal case regarding dispute over liability for a motor vehicle traffic accident)

[Judgment Abstract]

Where an employee suffers from a personal injury when carrying out an employment activity, the employer shall bear the compensation liabilities. If a third person beyond the employment relationship causes a personal injury to the employee, the obligee to compensation may claim against either the third person or the employer for bearing the compensation liabilities. The employer may, after bearing the compensation liabilities, claim compensation from the third person. After the obligee to compensation sues the employer and gets compensated, his further lawsuit against a third party beyond the employment relationship will not be upheld by the court.

 From：www.chinalawinfo.com