Monday, December 22, 2008

Chinese litigation over school's collapse in spring earthquake

The New York Times reports today that a group of parents whose children were among those killed in the May earthquake in Sichuan Province are suing government officials and a construction contractor. According to government estimates, some 10,000 students were killed across the quake zone as about 7,000 classrooms and dormitory rooms collapsed. Read the full story by Edward Wong, from which an excerpt follows:

The parents who filed the lawsuit on Dec. 1 are the fathers and mothers of children who died in the collapse of No. 2 Primary School in the town of Fuxin, where at least 127 students were crushed to death. Many of them signed the compensation agreements, but some decided in the fall to go ahead with the lawsuit.

The parents of 57 children are reportedly participating in the lawsuit, in which they are said to be seeking about $19,000 per child. Government officials reportedly offered parents about half that amount earlier this year.

The story does not discuss the standard of care that is required of the various private and public defendants. It does, however, cast doubt on whether the rule of law will prevail in China. Wong writes that with "politically sensitive cases," the Chinese government often exerts "great pressure" to halt the cases. He reports that a court official met with some parents on December 8 to communicate that the case would not be accepted by the court. Nevertheless, the court has not yet formally rejected the case.

UPDATE: A December 23 story on NPR indicates that the Chinese court has formally rejected the parents lawsuit.

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