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"Every night after 10, I will be awakened by a bang when I rest." On April 28th, Mr. Yu, who lives in Xiangyun Mountain Villa, Xiaodongmen, Wuchang, called this newspaper and said that there is a waste recycling station in the community, which makes a lot of noise every night, seriously affecting the normal rest of residents.
The reporter immediately came to the community to understand the situation. Mr. Xiao, a resident who lives more than ten meters away from the waste recycling station, told the reporter: "During the day, everyone is very busy and the noise is ok, but at night, the impact of large pieces of iron filings really affects everyone's rest. We have been awakened many times by the sound of scrap iron in the middle of the night. "
Residents nearby have also said that recently, the waste recycling bins are noisy late at night, and some family children are going to take the college entrance examination soon, and they don't have a good rest at night, which seriously affects the learning efficiency during the day. "This week, I will be disturbed by the crash of scrap iron in the early morning. I have some neurasthenia, and I haven't slept well every day recently. " Mr. Yu looks sad.
The reporter immediately found the neighborhood Committee of the community. Zhang, director of the neighborhood Committee, said that he would negotiate with the owner of the waste recycling station to make some adjustments in the time of loading and sorting waste, so as to eliminate the impact of late-night noise on residents' lives as soon as possible.
"Because of the noise scare, the mink that my family raised during calving aborted, and some even ate the cubs!" On the 27th, Mr. Liu from Xiaohouwang Village, Yinghai Town, jiaozhou city told the reporter that the annual output of 1 100 minks was 600 cubs last year, but less than 200 minks this year. In this regard, Mr. Zhou, the head of the team, said that if Mr. Zhou proved that it was caused by the noise of their trucks, they would be willing to compensate for the corresponding losses.
Frightened minks will reduce their production during childbirth.
On the morning of the 27th, the reporter came to Mr. Liu's house. There are rows of iron cages in the yard with white and black minks. "I breed all female minks, with a total number of *** 1 10, and I can only give birth to five cubs on average." Mr. Liu told reporters that he has been raising minks for five years. In previous years, during the litter season, 1 10 minks could give birth to nearly 600 cubs every year.
"April 1 1 to May 1 every year is the time to give birth to children. This year, due to the influence of dump trucks parked nearby, the number of births has been seriously reduced. " According to Mr. Liu, there are often a team of dump trucks coming and going near his home recently, and the noise scares minks during calving, resulting in a serious decrease in calving number compared with previous years.
Compared with previous years, the loss was 60 thousand yuan
Mr. Liu said that the calving period is almost over, but so far only 30 minks in 1 10 have given birth to cubs, with a total of less than 200, and some have died. "These cubs died not long after birth, mainly because the female mink didn't eat after being scared, and there was no milk to feed the cubs, which led to weaning and starvation." Mr. Liu took out some dead cubs. The reporter saw that the cubs were black and white, only five or six centimeters long.
"Some mink bellies have long been bulging, but they have miscarried directly because they were frightened!" Mr. Liu's wife, Ms. Li, told reporters helplessly that dump trucks rumbled in and out every day. Some minks were so scared that they aborted before giving birth to minks, and some even ate the newborn minks directly.
"After careful care for a year, in order to successfully give birth to minks during this time, there are now less than 200, which is more than 60,000 yuan this year." Mr. Liu said that after they found that the mink had reduced production, they went to the team to ask for compensation. Then the other party refused to admit that they had scared the mink and even refused to promise compensation.
If it can be proved, it will be compensated.
Then the reporter came to the team that Mr. Liu said. "Before, we didn't know that there were villagers raising minks nearby. After knowing it, we moved the dump truck. " Mr. Zhou, the head of the team, told reporters that they are from Xuzhou, Jiangsu. They just contracted a project in JIAOZHOU Development Zone Industrial Park in April 18 this year, and then rented a house nearby and drove a dump truck to transport earthwork every day. One day, Mr. Liu told them that the noise generated by the dump truck would scare the mink during calving. After understanding the situation, they moved the dump truck to other places to park.
"But then I told you that our truck scared the mink out of life, and it would cost 40,000 to 50,000 yuan to compensate for the loss." Mr. Zhou said that if Mr. Zhou proved that it was really their fault that caused the mink to seriously reduce production, they would compensate the corresponding losses.
To claim compensation, you have to prove it first.
In this regard, Yang Tao, a lawyer of Shandong Haikang Law Firm, believes that according to the burden of proof in general infringement cases, whoever advocates who gives evidence. According to the constitutive requirements of tort liability, Mr. Liu must first prove that the motorcade does have tort, and then prove that the damage consequence is indeed the motorcade's responsibility, that is, the mink production reduction is caused by the noise generated by the motorcade's parking or traffic. For example, Mr. Liu Can tried his best to ask professionals to make a noise assessment when the construction team passed by or worked to see how many decibels the noise reached. If Mr. Liu Can proves the above two points, he can claim corresponding compensation from the team through legal means.