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in the early morning of december 20, 2021, a henan woman named xiong fell to her death from a rented apartment in jing'an district, shanghai. afterwards, xiong's parents and other relatives sued xiong's cohabiting boyfriend bian to the court, claiming more than 1.7 million yuan.

recently, the jing'an district people's court of shanghai made public the first-instance civil judgment of the case.

the court held that, according to the defendant's interrogation record at the public security agency, after xiong returned home on the day of the incident, bian found that she had been drinking and was "a little unsteady on her feet."xiong complained to bian that the guests at the ktv that day ordered a lot of wine and asked her to drink it. they also said that if she didn't drink, they would not give her a tip, which made her very upset.bian claimed that she was very sleepy and complained that xiong came home too late, so she said, "go to bed quickly and stop talking nonsense." afterwards, xiong complained to bian that bian despised her, didn't care about her, and treated her badly, but bian just told xiong to go to bed quickly.xiong was lying on the bed and asked bian to hold him while he slept, but bian refused, and the two started a quarrel.xiong wanted to put bian's head on her shoulders, but bian dodged and turned over to lie with her back to xiong, and insisted on not hugging her.

the court held that, in the transcript, the defendant bian claimed that he felt xiong getting up while he was half asleep and half awake, and then heard the sounds of curtains being drawn and windows opening. about half a minute later, bian heard a scream of "ah" and then a muffled sound of someone falling to the ground.

according to the statement made by bian to the public security authorities, xiong was drunk when he returned home that day and was depressed due to work reasons.when xiong sought comfort from bian, he was rejected by the defendant.therefore, xiong was drunk and emotionally unstable at the time. in view of the close relationship between the defendant bian and xiong, and the objective situation that there were only bian and xiong in the private space in the room at the time,bian should provide xiong with necessary care and have a duty of care, such as providing emotional comfort and helping xiong fall asleep.however, not only did bian fail to take care of xiong, he also avoided xiong and turned his back to him, so that even though he felt xiong getting up and heard the sounds of the curtains being drawn and the windows opening, he was unable to see it in time and take measures to prevent the tragedy from happening.

therefore, the court determined that bian was at fault for neglecting to take care of xiong, and there was a causal relationship between bian's negligence and xiong's death. bian should bear the tort liability for failure to fulfill the corresponding care obligation. the court determined that bian should bear 10% of the compensation liability at its discretion.

the first instance court ruled that bian should compensate xiong's family more than 175,000 yuan.