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Children's party house indemnify death in equipment

Source: TJSP 07/25/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

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        A house of children's parties in São Paulo was ordered to pay $ 72,400 in damages to the husband of a lawyer, fatal accident victim on a toy establishment. It was also fixed payment of monthly pension equivalent to 2/3 of the net income of the victim, until the date on which she would complete 65 years. The decision is the 6th Chamber of Private Law of the Court.

        According to the lawsuit, the couple played the roller coaster that had no use restriction for age, weight or height. The cart went off the rails and fell from a height of five meters. The woman died of head trauma. expert report concluded that the accident occurred due to lack of proper maintenance. The toy had a rope tied to the body axis.

        The rapporteur of the appeal, Judge Eduardo Sá Pinto Sandeville, said the company has to answer for the damages resulting from the accident, since it is the only responsible. "With regard to punitive damages, is unquestionable and incontrovertible acute psychological distress caused to appealed the tragic death of his wife," he said.

        Magistrates José Roberto Furquim Cabella and Vito Joseph Guglielmi also joined the judging class.

 

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