Title:
ZENG Lingjun v. Guiyang Shuanghui Iron & Steel Co. Ltd, Guizhou Sida Mining Co. Ltd and Guizhou Tongjitang Pharmaceutical Co. Ltd for Water Pollution
Party:
China
Region:
Asia and the Pacific
Date of text:
October 25, 2011
Data source:
InforMEA
Court name:
Qingzheng City People's Court of Guizhou Province
Justice(s):
LUO Guangqian (presiding)
CHEN Kun
HUANG Chengde
Link to full text:
Abstract:
Mass mortality of ducks occurred in the duck farm rented by the plaintiff. Tests indicated that cyanide was found in the livers of ducks. Therefore the plaintiff claimed that the mortality was caused by the polluted water released by the defendants, three companies upstream. The court held that, in accordance with the article 66 of the Tort Law of the People's Republic of China, the inversion of burden of proof in environmental pollution cases does not preclude the initial burden of proof on the plaintiff to prove the preliminary causation. Since the plaintiff failed to prove that the cyanide was drained by the defendants, the tort liability was not established. The court thus dismissed the plaintiff's claim.