[Case Summary]This case is a typical "multiple causes, single result" personal injury compensation case involving the intersection of civil and criminal law. In August 2023, a beverage company in a certain city illegally contracted out the underground drainage project, and unqualified personnel drilled and broke the gas pipeline, causing a gas leak. The gas company handled the emergency situation improperly, and nearly an hour later, the gas exploded when it came into contact with a fire source, resulting in severe burns to six people (including two with level 8 disabilities, three with level 9 disabilities, and a 9-month-old girl with two disabilities). The six victims entrusted Beijing Henglu Law Firm to handle the case.Yuan HangThe lawyer filed a civil compensation lawsuit and defended against the second-instance appeal. The first-instance court determined that the gas company should bear 70% of the compensation liability and the construction parties should bear 30%. The second-instance court dismissed the appeal and upheld the original judgment. In the six cases, the total compensation awarded was 2,517,157.33 yuan, of which 1,762,010.14 yuan was insured. The plaintiffs won the case in all aspects.

I. Review of the Case

In August 2023, a gas leak and explosion accident occurred in a town of a certain district in a certain city. A beverage company, despite knowing that both the environmental impact assessment report and the administrative license prohibited the discharge of wastewater, illegally contracted out the underground drainage pipeline project to a contractor without construction qualifications to discharge well-cleaning wastewater; the contractor subcontracted the project layer by layer, and personnel without special operation qualifications operated drilling machines during the construction process. During the construction, the drill bit pierced the gas pipeline buried by the gas company underground, causing a large-scale gas leak.

After receiving the report, the gas company staff did not evacuate the crowd, set up a warning zone, or monitor the gas concentration in the surrounding area according to the emergency plan. They also failed to close the valves immediately. During the nearly one-hour leak response, they did not take any effective emergency measures. The gas eventually exploded when it came into contact with a fire source, causing serious burns to multiple people near the scene. For long-tail questions such as "How to claim compensation for injuries caused by construction explosions", "Should the gas company bear responsibility", and "How to divide responsibility based on multiple causes and a single result", this case provides clear legal answers.

According to the forensic appraisal, two of the six victims suffered from level-8 disabilities, and a 9-month-old girl suffered from multiple burns on her face, torso, and limbs, resulting in level-8 and level-9 disabilities respectively. The other three victims suffered from level-9 disabilities. Many people suffered from respiratory burns and inhalation injuries, and their property was also damaged in the explosion. The six victims entrusted the Beijing Hengluo Law Firm to handle their legal matters.Yuan HangThe lawyer filed a civil lawsuit on behalf of the client and defended against the appeal in the second instance.

II. The focus of the case

  • The allocation of responsibility for the "one cause, multiple effects" scenario: Whether the illegal construction of the pipeline or the gas company's improper emergency response was the main decisive factor in the explosion and damage, and how to determine the proportion of faults among all parties involved.
  • The duty of care of operators of high-risk operations: As a professional operating enterprise, should the gas company bear the main liability for compensation due to its continuous faults of lacking pre-event supervision and improper handling during the event?
  • The scope of compensation under the intersection of civil and criminal law: If the construction workers have been held criminally liable, should the disability compensation and mental damage compensation be deducted from the total amount of compensation, and can the gas company that is at fault be exempted from liability?

III. The professional intervention of Hengluo Law Firm

During the second instance, the gas company and the insurance company appealed, claiming that the illegal construction was the sole and direct cause of the accident, and the gas company should not bear the main responsibility; and the construction workers have been prosecuted for criminal responsibility. According to the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China", disability compensation and mental damage compensation do not belong to statutory material losses, and the relevant items should be excluded from the total amount of compensation. Hengluo Lawyer (acting for the victim) insisted that the gas company should bear the main responsibility for compensation.

Yuan HangThe attorney's legal opinions put forward and insisted upon were fully adopted by the courts of first and second instance.

1. Strictly distinguish between the "cause of the pipeline damage" and the "reason for the explosion damage". The illegal construction is just the initial triggering factor. If the gas company had carried out emergency response and evacuated to control the leakage in accordance with the regulations, it would have been possible to prevent the explosion. However, the continuous negligence of the gas company was the main factor that led to the expansion of the damage.

2. Operators of high-risk operations should bear a higher duty of care. The gas business is a high-risk industry, and gas companies, as professional enterprises, should have complete emergency response systems and handling capabilities. Their fault in allowing dangerous situations to develop is far greater than that of the construction party, and they should bear the main responsibility according to law.

3. The intersection of civil and criminal law does not affect the full compensation obligation of the party at fault for infringement. The gas company's liability for compensation stems from the fault of its staff in performing their work tasks, which belongs to the employer's liability for infringement, and is not a substitute for the criminal defendant's responsibility; disability compensation (including the living expenses of the dependents) and compensation for mental distress should be compensated in accordance with the law as statutory items of personal injury compensation.

IV. Outcome of the case

The first-instance court ruled that the gas company should bear 70% of the compensation liability, and the parties involved in the illegal contracting and unqualified construction should jointly bear 30% of the compensation liability; the insurance company shall first pay compensation within the limits of the public liability insurance, and the insufficient part shall be shared by the parties with compensation obligations according to their fault liability; the constructor who has already borne criminal responsibility shall no longer be responsible for the disability compensation and mental damage compensation, but the gas company with fault shall not be subject to this limitation. The gas company and the insurance company appealed against the judgment.

The Intermediate People's Court of a certain city held, after trial, that the first-instance judgment had clearly identified the facts and correctly applied the law, and therefore dismissed the appeals and maintained the original judgment in all six cases. In total, the final verdicts in the six cases awarded compensation of 2,517,157.33 yuan, of which the insurance company compensated a total of 1,762,010.14 yuan within the insurance limits; the local government's advance payments for medical expenses and other relief funds were legally calculated and carefully deducted to fully protect the actual compensation rights of the injured parties. The case was adjudicated in accordance with the provisions of the Tort Liability Chapter of the Civil Code of the People's Republic of China (formerly the Tort Liability Law of the People's Republic of China) on joint tort liability, joint and several liability, and the employer's liability, as well as the regulations on construction qualifications and safety responsibilities in the Construction Law of the People's Republic of China and the Production Safety Law of the People's Republic of China.

5. Henglu Law Firm's Reminder

In the event of accidents in highly dangerous areas such as gas and construction, the victim should pay attention to fixing the evidence at the scene as soon as possible, applying for judicial appraisal, identifying all responsible parties, and distinguishing between the different paths of criminal accountability and civil compensation to ensure that the statutory compensation items (including disability compensation and compensation for mental distress) are fully claimed. This case is handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Common Questions and Answers about Personal Injury and Construction Explosion-Related Cases

  1. Q: How to claim compensation for injuries caused by a gas pipeline explosion during construction? A: You can simultaneously claim personal injury compensation from the illegal contractors, unqualified construction companies, and gas companies that failed to fulfill their emergency responsibilities. The liability will be shared according to the respective fault ratios, and you can first receive compensation within the insurance limits.
  2. Q: Should the gas company be held responsible for the explosion? A: Gas operations are a highly dangerous activity. If the company fails to implement pre-event supervision, fails to evacuate and close valves according to the emergency plan during the incident, and commits continuous negligence that leads to the expansion of the damage, it should bear the main liability for compensation.
  3. Q: How is the liability for accidents caused by multiple factors divided? A: The court will distinguish between the initial triggering factor and the main cause of the damage, and determine the liability proportion based on the degree of fault of each party. In this case, the gas company was found to bear 70% of the main liability due to its improper handling of the situation.
  4. Q: The contractor has been held criminally liable. Can the victim still claim compensation for disability? A: Yes. Compensation for disability and compensation for mental distress are statutory items in personal injury compensation; the contractor who has been held criminally liable may no longer be held responsible for these two items, but the gas company at fault cannot be exempted from liability.
  5. Q: What items are included in personal injury compensation? A: Generally, they include medical expenses, loss of income, nursing care expenses, disability compensation (including living expenses for dependents), compensation for mental distress, and property damage. These items must be verified and substantiated through evidence on a case-by-case basis.