Citizens should have 5 stitches in the eye, should they claim?Lawyer: The Civil Code provisions can not be lost

Jimu News reporter Zhang Yang

Because of playing basketball outside, Xiao Chen (pseudonym) was injured unexpectedly. Thousands of yuan and subsequent medical expenses should be paid, or can they only bear it? On the 1st, a reporter interviewed the lawyer learned that the "People's Republic of China" had clearly stipulated such situations -no compensation could be paid.

The court accident, the eye injury sewing 5 stitches

On September 1, Xiao Chen's reporter from the news hotline of the news told the ins and outs of the matter. On the evening of August 18th, Xiao Chen went to a basketball hall on Nanhu Avenue, Donghu Technology Development Zone, Wuhan. Most of the players in this basketball hall are young people. Although some people do not know each other, they do not prevent them from playing together.

When everyone bought tickets to enter the venue, the accident happened when they struggled. Xiao Chen and another golf friend Xiao Li (pseudonym), during the play, because of the fight for rebound, the opponent's shoulder hit his face, causing a wound of about 4 cm long in the upper part of Xiao Chen's right eye.

Photos taken when Xiao Chen was injured

Subsequently, Xiao Chen accompanied by friends to the nearby hospital for treatment. After being diagnosed with the hospital, the wound was located in the right eye's eyebrows. It was an open wound and sewed a total of five stitches. As of press time, a total of about 2,500 yuan, including other treatment costs.

Afterwards, Xiao Chen believed that the stadium and Xiao Li should be responsible for his injuries. He first went to the person in charge of the stadium to seek insurance treatment, but the restaurant stated that he did not participate in insurance and did not pay claims. It turned out that Xiao Chen usually bought a ball ticket on the public account of the stadium, with a price of 40 yuan, of which 3 yuan can be selected for accident insurance service options. However, when buying tickets on the same day, the staff of the stadium recommended to buy tickets to another online platform. Because of the activity, the fare is only 35 yuan cheaper, but there is no insurance service for the purchase of tickets for the platform, and Xiao Chen I didn't pay attention at the time.

As for the other party, Xiao Li, Xiao Chen believes that he should bear the main responsibility, and he has a wound left by his face. He may have to perform plastic surgery in the future, so he claims to pay 20,000 yuan to Xiao Li. However, Xiao Li did not recognize Xiao Chen's proposition, so the two parties have always been unable to reach the amount of compensation.

Photos taken after Xiao Chen joint needle

The two parties and the stadium chose reconciliation

In desperation, Xiao Chen chose to call the police, and the police officer suggested that civil disputes take the lawsuit channel, or call the mayor's hotline for mediation. Xiao Chen contacted the local market supervision unit through the mayor's hotline. After the mediation of the market supervision institute, the gardener stated that he was willing to bear some of Xiao Chen's medical expenses of 900 yuan.

The reporter then called the stands of the stadium, and the staff asked the boss that the boss was not there, but as far as she knew, there was something. The stadium believes that they only provide a place for everyone to play, and the wounded is not because of the venue facilities injured. However, because of the only opening of the stadium, in accordance with the idea of ​​harmonizing the money, and the humanitarian spirit, they paid some medical expenses to the wounded. However, she does not know the specific compensation amount as a staff member.

On the other hand, because the reporter couldn't contact Xiao Li, he had to ask Xiao Chen again if he had made progress. At noon on September 2nd, Xiao Chen told reporters that he negotiated with Xiao Li again, and the other party was willing to pay 300 yuan. He felt that the matter was here, and the stadium also lost some medical expenses, and he also spent a lot of energy, so he wanted to stop and reconcile with the other party.

After the wound is taken

Lawyer: According to the "Civil Code" regulations, you can not lose money

Although things have come to an end, how should this happen to you and other people?

With questions, the reporter called the 12348 legal consultation hotline. The wiring lawyer said that the "People's Republic of China" has clearly stipulated such situations. Article 1176 of the Code stipulates that voluntarily participating in a certain risk of cultural and sports activities. If the behavior of other participants is damaged, the victim shall not ask other participants to bear the liability for infringement; Except for major faults.

The lawyer explained that both parties are adults and have not been coerced by others to participate in basketball activities in fixed and closed places. They understand the danger of basketball, so the wounded has no right to ask for compensation from the other party. However, if the injured family is very difficult or has no money for treatment, based on the principle of fairness, the other party can pay a certain percentage of medical expenses from the injured, but the maximum does not exceed 20%of the total amount.

The reporter also found similar cases on the Internet. According to a CCTV program, on March 29, 2020, Yang and Huang and others played football. On the court, Yang and Huang collided while grabbing the ball. In the end, Yang Mou had a crushed fracture in the middle of the right collarbone. In July, Yang advocated Huang Mou's cost of 50,000 yuan for his compensation. After the first trial of the first instance, the Chengdu Intermediate People's Court of Sichuan Province determined that Huang did not need to bear the liability for compensation according to the 1176 clause.

In the end, the lawyer reminds everyone that in the future, you must be careful to participate in such "risk" activities. Carefully measure your ability to take risks beforehand. Do not blindly participate in some high -dangerous activities to prevent the body from suffering from accidental injuries without getting compensation for others.

(The pictures are provided by the respondents)

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