The Supreme Court yesterday ruled that a Taipei City Government agency must pay NT$1.04 million (US$32,288) in compensation to a woman who fell into a drainage ditch when the guardrail she was holding broke.
The woman surnamed Chung (鍾) was hiking along Jingmei River (景美溪) at Mucha Riverside Park (木柵河濱公園) in Taipei’s Wenshan District (文山) on May 6, 2017, when the incident occurred.
Chung said that she was holding onto the walkway’s metal guardrail with her right hand, but it wobbled and broke off at the base, causing her to fall into a drainage ditch.
She said she hit the drainage ditch wall, then fell to the bottom.
Chung had a minor concussion, a laceration on her forehead, a displaced vertebrae and fractured ribs, as well as contusions on her left hand, waist and legs, the court filing cited her medical report as saying.
She filed a civil lawsuit seeking NT$3.96 million in compensation, which she said would cover her medical expenses, loss of income and the health supplements required for recuperation.
The lawsuit accused the Taipei Public Works Department’s Hydraulic Engineering Office of negligent maintenance.
Office representatives said that an examination indicated that only one screw at one of three base plates at the site had corroded badly, and all three plates were still fastened to a concrete base, so the handrail was still attached at the time.
A team also patrolled the area regularly, inspecting the guardrails and shaking them to check their stability, they said.
No problems were reported prior to the accident, they said, denying negligence.
In the first ruling, the Taipei District Court ordered the office to pay Chung NT$930,000.
Following appeals by both parties, the Supreme Court yesterday upheld a previous ruling by the High Court that NT$1.04 million should be paid.
It is the final ruling in the case.
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