The octogenarian was hit by three playful children, who will compensate?The court sentenced to

2022-07-09 0 By

An 80-year-old woman, Surnamed Zhang, was knocked to the ground and injured when she was knocked to the ground by three playful boys while chatting with others.After the incident, Aunt Zhang sued all three little boys and their guardians to the court for compensation, but the other party has argued that the play behavior is spontaneous participation of children, the consequences caused by unpredictable, damage results have nothing to do with their children, rural cooperative medical reimbursement of part of the cost should not be borne and so on.So, there is no causal relationship between aunt Zhang’s injury and the behavior of three little boys, and who is responsible for the damage?Today, the reporter learned that guangdong Wuhua Court heard such a dispute over the right to life, health and physical rights, and finally ruled that the boy’s guardian should bear the liability for compensation, and awarded a total compensation of more than 70,000 yuan.At about 7:50 PM on November 25, 2020, 7-year-old Xiao Ming, 4-year-old Xiao Zhi and 9-year-old Xiao Xiao came to the drugstore run by Zhang’s son in Wuhua County, Guangdong Province to play card throwing. At that time, Zhang was standing beside a motorcycle chatting with others in front of the store.At about 20 o ‘clock that day, Xiao Xiao threw the card out, the card just flew behind Aunt Zhang, and Xiao Ming and Xiao Zhi immediately ran to the left of Aunt Zhang to fight for the card.During the struggle, Xiao Ming and Xiao Zhi Jun made physical contact with Aunt Zhang, so that Aunt Zhang fell to the right on the spot.After the incident, Zhang was taken to hospital, where she was diagnosed with a fracture of the neck of her right femur and underwent an artificial femoral head replacement.During his hospitalization, he spent a total of 41,808 yuan in medical expenses, and 24,791.95 yuan was reimbursed through rural cooperative medical care.Aunt Zhang sued Xiao Ming, Xiao Zhi, Xiao Cheng and their parents for compensation.Trial site: child care per capita think has nothing to do with the court, zhang aunt said, I have 84 – year – old, the three little boys in a few meters distance I wanton play, play also don not pay attention to the surrounding environment and play place next to the highway, its behavior is not only to me and the safety of others at risk, more to himself in danger.The little boy’s guardian did not dissuade and discipline, did not fulfill the responsibility of guardianship, should be responsible for my loss.Xiao Zhi’s parents said, although it is a fact that Aunt Zhang’s body suffered damage, but its physical damage is not caused by xiao Zhi, the damage results and xiao Zhi has nothing to do with, because xiao Zhi is weak, is still a young child, from the height and strength of the impossible to hit Aunt Zhang, it is xiao Ming and small town to play.In addition, Aunt Zhang has reimbursed part of the expenses through rural cooperative medical care, which should not be borne by us.The parents of the small town claim that the child’s playing behavior is spontaneous participation of the child, and the consequences caused by the child’s behavior are unforeseeable, the behavior of the small town has not caused direct or indirect harm to others, and the card playing is not initiated by the small town, so we shall not bear the liability for compensation.Hearing result:Decided that three children are all liability after the court thinks, according to the hospital diagnosis certificate, ChuRuYuan records, operation records and disputes occur on-site monitoring video, can be confirmed the injury and aunt zhang xiaoming, small ambition, town in play CARDS in the process of common cause, so a woman so all the losses resulting from the dispute has the right to indemnity to xiao Ming et al.Both Xiao Ming and Xiao Zhi had physical contact with Aunt Zhang in the process of fighting for cards, resulting in the fracture of the neck of the right femur caused by the fall of Aunt Zhang. Therefore, Xiao Ming and Xiao Zhi should take 40% responsibility for the occurrence of the damage result.Three people play together, because the town throws cards to the other two fight, so the behavior of the town should be responsible for 20% of the damage results.Their respective liability for tort damages shall be borne by their respective guardians.In addition, to compensate the expenses for medical treatment is the legal liability of the infringer, and zhang aunt through rural cooperative medical reimbursement related costs, and this case belong to different legal relationship, and not to be exempted from xiao Ming three people such as tort liability, so zhang aunt through rural cooperative medical reimbursement of medical expense should not be offset.In summary, according to relevant legal provisions and calculation standards, the court confirmed that Aunt Zhang’s various losses, including medical expenses, disability compensation, hospital food subsidies and so on, amounted to 72,457 yuan. Xiao Ming’s parents, Xiao Zhi’s parents, and the parents of the town paid Aunt Zhang 28,982.8 yuan, 28,982.8 yuan, and 14,491.4 yuan respectively.After the verdict of the first instance, the Meizhou Intermediate People’s Court of the second instance upheld the original verdict.The judge reminded: parents as guardians of minor children should perform the duty of guardianship according to the first paragraph of article 1188 of the Civil Code of the People’s Republic of China, if a person without civil capacity or a person with limited civil capacity causes damage to others, the guardian shall bear tort liability.If a guardian fulfils his duty of guardianship, his tort liability may be reduced.In recent years, due to children’s weak safety awareness, accidents of personal injury occurred while playing.In this case, the three children are all less than 10 years old, and their guardian neglects to exercise the guardianship duty, and should bear the corresponding compensation responsibility for the loss caused by the children to others.Play is the nature of children, parents, as the guardian of minor children, and shall perform the obligations of guardianship duties, both to help minor children out risk factors facing in daily life, protect the body and property safety, also want to strengthen the safety consciousness education of children, enhance their safety consciousness, make its while protect their own safety, avoid putting others at risk.Article/Guangzhou Daily · New Flower City Reporter: Articles of Association Correspondent: Xu Bingqitu/Guangzhou Daily · New Flower City reporter: Mo Weinong Guangzhou Daily · New Flower City editor: Wu Yifan