Women went to colleagues' house to pick pears and were injured 130,000 yuan?The court's judgment is very angry

Colleagues pick pears in their own house

However, an accident was injured by the pear

Should the master's house be responsible for this?

Netizens also started a fierce discussion on this topic

recently

The court of Liuyang City, Hunan opened the trial

This health dispute case

Basic case

Ms. Liu and Mr. Li worked in the same flower artillery factory. After learning that the pears planted by Mr. Li's family were mature, they met with another colleague to Mr. Li's house. Because she did not say hello in advance, that day, when Mr. Li went out on the same day, Mr. Li's wife, Ms. Huang, warmly received Ms. Liu, and took the initiative to take out Ms. Liu to help Ms. Liu to fight pear.

According to Ms. Liu's request, Ms. Huang did not continue to beat the pears after laying four or five pears. But after Ms. Liu picked up the drop of pear, a pear suddenly dropped on the tree, just hitting Ms. Liu's left eye.

Ms. Liu said that she did not realize the seriousness of the problem at the time, but only handled it. But after returning home, she felt that her left eye became more and more painful, so she went to the hospital for treatment more than 20 days after the incident. In 15 days, the cost of treatment was over 10,000 yuan.

After discharge, Ms. Liu applied to the judicial department for injury identification. The appraisal opinion showed that Ms. Liu's left eye injury was currently led by moderate vision damage as a tenth -level disability.

After negotiating compensation with Mr. Li, Ms. Liu sued Mr. Li to the court and claimed that Mr. Li would compensate for medical expenses, nursing fees, disabled compensation, nutritional expenses, misrepresents and other losses. Yuan.

Court decision

During the trial, Mr. Li replied that on the day of the incident, he was not at home. Out of his enthusiasm, his wife took the initiative to help pick pears and gifts for free. This is a kind of good intention. Responsibility, "But for humanitarian and colleagues, I paid 4,000 yuan in medical expenses after the incident."

The People's Court of Liuyang City believed that Ms. Huang, the wife of Mr. Li, requested Ms. Liu, and used bamboo crickets to put off the pears on their pear trees and give gifts. The good folk customs, the rights and obligations between the two parties cannot be determined or agreed. As a person who has a fully civil behavior capabilities, Ms. Liu and their partners ask Ms. Huang to fight the pear. Cognition and prevent. Therefore, Ms. Liu's injury does not have a causal relationship with Ms. Huang in the sense of infringement liability. She does not have any faults for the facts of damage, and should not bear the infringement liability.

"Good intentions Shi Hui is a good behavior, which has carried forward a good morality and demonstrated the core values ​​of socialism. In the case of no intentional or major negligence, the good people are required to bear compensation for the loss of beneficiaries. Responsibility should not be supported by the law. "The judge of the trial stated that Ms. Liu's falling pear was injured. It was an unexpected event. It is not good for the good owner to bear the liability for compensation for his damage. Inheriting morality, it is not supported. In the end, the court decided to reject all the claims of Ms. Liu.

Good intentions refer to the relationship between the parties' unintentional setting of legal rights and obligations, and the relationship between the other party based on the good morality of the parties enables the other party to enhance the friendship. In daily life, there are often good benefits such as ride -to -stools and goodwill.

Because good intentions are not compensated, based on people's inner goodwill, from a fair perspective, and reducing the responsibilities of Shi Huiren as appropriate. Essence

The law of Shi Hui should bear the result of the damage is the obligation to protect the rights of counterparty rights based on the pre -behavioral behavior. If the counterparty is damaged, the benefit person should bear responsibility, but at this time it has transformed into infringement.

Source: Liuyang People's Court, Hunan High Court

- END -