"I am willing to take responsibility on behalf of my grandson, and I want to educate my children to be responsible through this incident ..."
Author:Tianjin Senior People's Court Time:2022.06.26
A 14 -year -old boy injured an 80 -year -old old man
Difficulty in young people's homes
Grandma is to educate the grandson and be willing to take responsibility
Let's take a look
This warmth story
recently
Jizhou Court
Successful mediation
Disputes caused by traffic accidents
Brief description of the case
One morning, 14 -year -old Zhang was rushing to the school, but did not expect to hit the 80 -year -old man in the same village at the intersection of the school.
According to the traffic police, Zhang should bear all responsibilities. The old man was taken to the hospital for treatment due to pain. After diagnosis, it was a lumbar fracture. The medical expenses alone spent more than 40,000 yuan.
But the Zhang family can avoid the wounded
Without any choice
The old man's paper complaint
Caller Zhang to the court
Visit
After receiving the materials of the case, the undertaking the judge could not contact the defendant to drive to the Xiao Zhang's house because he could not call the defendant. After arriving at home, I found that only Xiao Zhang's grandmother was there and did not see the child's parents. It turned out that Xiao Zhang's parents were divorced a few years ago. The child has been living with his grandparents. The family basically does not have a source of income.
After understanding the case and the demands of both parties
Undertaking judges think
Simple referee
Not conducive to the victim to get the compensation in time
Not conducive to neighborhood harmony
Even more disadvantage
Children's healthy growth in the future
Mediation online
Caused by a child
Grandma is really anxious
But in the face of huge compensation costs, it is difficult
Can only hide for a day is one day
But this is not the way after all
After the interpretation of the judge's interpretation, grandma said that she was willing to bear the responsibility on behalf of her grandson, compensated the wounded, and wanted to educate the children to be responsible through this matter.
Later, the judge found the other party to negotiate. The family expressed his difficulty to understand the difficulty of Xiao Zhang's family, and finally agreed to give up some compensation.
The next morning
Both sides under the auspices of the judge
Reached a mediation and paid some funds in court
The final solution of this case
01
Article 1,179 of the "People's Republic of China"
Those who infringe on other people's personal damage shall compensate for medical expenses, nursing expenses, transportation expenses, traffic, nutritional expenses, hospital food subsidies, etc. It is reasonable for treatment and rehabilitation expenses, as well as revenue due to miscalculation. If the disability is caused, the auxiliary equipment fee and disability compensation shall also be compensated; if the death, the funeral fee and death compensation shall also be compensated.
02
"Explanation of the Supreme People's Court on Several Issues of the Application of Laws on Personal Damage Compensation Cases"
Due to the infringement of life, physical, and health, the right holder to claim the obligations of compensation for compensation and mental damage shall be accepted by the people's court.
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