The plaintiff is the owner of fishponds, MingXiang Logistics co., LTD.(Chongqing branch)caused a traffic accident with large leakage of transformer containing oil. The oil along the rain water flowed into the culvert under the highway pavement, with the culvert flowing directly into the plaintiff’s fishponds, causing damage to the plaintiff’s property. After the accident, Chongqing Iron Hair Suiyu Expressway co., LTD.only took emergency treatments for road traffic conditions.Only after 4 hours, it processed oil leaked on road by spilling sand and didn’t clean uparound the road. The plaintiff suffered huge property losses.
In 2014, the case was brought in front of the Chongqing Yubei District People's Court. Because of an accident when the transformer oil under the actual control of MingXiang Logistics co., LTD.(Chongqing branch), so it should bear the direct infringement liability of environmental pollution accident, also a major responsibility. As the segment highway manager, Chongqing Iron Hair Suiyu Expressway co., LTD. should bear fault liability within the scope of its duties, also secondary responsibility. MingXiang Logistics co., LTD.(Chongqing branch) appealed to the intermediate court, but it was rejected.
(Contribution: Professor Tianbao QIN, Tang HE, and Han GAO, Research Institute of Environmental Law, Wuhan University, China )