Women saved their companions drowned, would the savior lose?The court judged like this →

Author:Xiamen Daily Time:2022.08.31

Seven people met at the beach by the beach. The woman was worried about the danger of playing with the water after drinking. She wanted to pull the man ashore but was drowned by the waves. The woman's parents brought six peers to court. Recently, the Xiang'an Court tried a case.

One night in August last year, seven people such as Zhang (minor), Chen, and Lin met to play to the beach. After Chen went to the beach to go to the sea to play with water, Zhang was worried that Chen was dangerous after playing in the sea after drinking, so he pulled Chen to shallow water with Lin.

Later, Chen ran to the sea again. When Zhang and Lin chased Chen and wanted to pull Chen ashore, because of the large waves, Zhang, Lin, and Chen were involved in the sea at the same time. The other four of the peers went to rescue and called the police for help when they heard the call for help. In the end, Chen and Lin were rescued, and Zhang drowned. Zhang's parents filed a lawsuit with the court, asking the other six of the peers to bear 50%of the losses caused by Zhang's death, and claimed more than 600,000 yuan.

The court's trial believes that the right to live in citizens is protected by law according to law. Zhang's parents should bear the main responsibilities of the accident as the guardian who did not fulfill their duties. And Zhang did not fully foresee and recognize his water nature and danger of sea conditions, and caused an accident, and he should also bear certain responsibilities.

Zhang paid his life in order to protect Chen from being dangerous. In the consequences, there was no fault in Chen and Zhang, but Chen had benefited from it and should give Zhang's parents proper economic compensation.

The other five of the peers have fulfilled the necessary rescue obligations after the accident, and there are no faults. However, according to the Civil Code, "the victim and the actor have no fault on the occurrence of damage. The provisions of losses, the other five of the peers should also share a certain civil liability for the accident, and give Zhang's parents' economical compensation appropriately.

In the end, according to the actual loss of the victim and the actual situation of the parties in the case, the court decided that Chen would pay Zhang's parents 'economic compensation of 150,000 yuan; the other five of the peers paid Zhang Zhang's parents' economic compensation of 20,000 yuan.

After the first instance, Chen appealed. The court of second instance believed that the court of first instance determined that the facts were clear, the applicable law was correct, the judgment rejected the appeal and maintained the original judgment.

(Xiamen Daily reporter Tan Xinyi Correspondent Xiangfa Xuan)

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