The sound of a neighbor's electric drill frightens a two-year-old? Parents go to court! court sentenced

"The sound of the electric drill knocking on the wall was so loud that our two-year-old baby was frightened and twitched on the spot. Since then, his spirit has deteriorated and he often cried." Yingying's mother said distressedly. Yingying's family also had a disagreement with their neighbor, Mr. Song. After they could not negotiate, they sued Mr. Song to the court, asking him to pay compensation for the mental trauma caused by the electric drill. A few days ago, the Shanghai Pudong New Area People's Court made a first-instance judgment on the case.

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Yingying's house and Mr. Song's house are neighbors on the same floor in adjacent buildings Her family said that at around 12:30 pm on December 16, 2021, the wall on the head of the bed of the crib where Yingying slept was separated by a wall from Mr. Song's house. However, Mr. Song drilled into the wall without any notice, making a loud noise. Yingying, who was only 2 years old at the time, was frightened and twitched on the spot. The old man in the family immediately went to Mr. Song, and the two sides quarreled. After returning home, Yingying could not sleep peacefully and cried. In the evening, Yingying's parents came home and found that Yingying was reticent and short-tempered. That night, Yingying started crying from one o'clock in the morning, and the whole family stayed up all night. The next day, Yingying still didn't get better and cried more and more. Yingying's father then took leave in the afternoon to accompany the child to the doctor to dispense medicine. Since then, the two parties have been unable to negotiate the issue of compensation, so Yingying's family sued Mr. Song in court. Yingying's family believes that Mr. Song violated the legal time limit for decoration and caused damage to Yingying. requested that she be ordered to pay Yingying's medical expenses, car fees, mental damage fees, Yingying's father's lost work expenses, etc., totaling more than 3,600 yuan. I apologize for the emotional trauma caused by Yingying.

• and Mr. Song felt very wronged. He said that he did not renovate the house that day, just because he needed to move the switch on the wall of the room, he hit the wall with the impact drill , and the sound lasted only 1 to 2 minutes. Soon, Grandma Yingying brought Yingying to the door to express that her voice scared the child. After that, he stopped drilling and there was no quarrel.

• Mr. Song said that three days later, the police also came to Mr. Song's house to check, saying that he received a complaint from the neighbors that Mr. Song's house knocked on the wall and decorated the house to disturb the people. After the police arrived at the house to check, they found that Mr. Song's house was not being renovated, so they made a record. Mr. Song believes that did not decorate himself, and there is no fault for violating the decoration time regulations, and he does not recognize the causal relationship between Yingying's loss and Mr. Song's behavior. During the trial, Mr. Song also stated that, in consideration of maintaining the neighbor relationship, he voluntarily gave Yingying 1,000 yuan as compensation.

After hearing, the court held that in this case, the evidence submitted by Yingying and Mr. Song's statement can only prove Mr. Song's behavior at 12:30 p.m. But is not enough to prove the causal relationship between Mr. Song's behavior and Yingying's "crying once every 2 hours at night", "being mentally worse than before", and "reduced eating during the day" . Therefore, Yingying's claim that Mr. Song's square drilling wall caused Yingying's physical and mental harm, that Mr. Song should compensate Yingying's economic affairs and demand an apology, lack of factual and legal basis, and the court will not support it. Mr. Song voluntarily gave Yingying 1,000 yuan as compensation in consideration of maintaining the relationship between the neighbors, which is not contrary to the law, and the court allowed . (All are pseudonyms in the text)

reporter | Chen Yingting