Ru Zi Ru Ren 丨 Donkey friends climbing the claims and claiming claims, and the judgment of "self -risk" is to remind the awe of life
Author:Pole news Time:2022.06.16
Xu Hanxiong, a polar news commentator
The Yueqing City Court of Wenzhou, Zhejiang, recently tried a dispute over the infringement liability of the donkey friends when he participated in the rock descending activities in the wild. Niruangming.com). This "self -risk" judgment is not lacking sympathy for the dangerous people, but reminding donkey friends to be in awe of life and understand self -protection and security.
According to reports, Hu, Lu, and Zheng are all outdoor sports enthusiasts. Before the National Day in 2021, Zheng temporarily established WeChat groups to negotiate high mountain rocks, and later published the itinerary through group announcements and reminded "insurance self -buying, safety and responsibility". Several people such as Hu Mou, Lu Mou voluntarily entered the group to participate in the event.
Donkey friends climbing schematic diagram (picture source: Shandong Business Daily)
On October 2nd, Hu Mou, Lu Mou and others went to the rock land. Lu Mou slowed down after Hu, and a large stone suddenly dropped during the rock drop, hitting Hu's head. Zheng immediately contacted the rescue team and called the police for help, and at the same time rescued Hu Mou with the rest. Unfortunately, Hu died of injuries because of injuries. Since then, the family members of Hu Mou, Zheng, and Lu, who was located above Hu, and the Scenic Area Management Committee, who was located above Hu, and the Scenic Area Management Committee, demanding that the costs such as compensation compensation compensation compensation were more than 430,000 yuan.
The court trial believes that Hu's participation in the rock drop was autonomous and voluntary; when the accident occurred, although Lu Mou was on the same vertical line on the same vertical line, Hu Mou's weathered landing stone should be identified as an accident event. ; Zheng Mou non -organizers have no management or profit behavior during the activity. The risk of the activity has been informed in the group announcement, and the obligations have been reasonably rescued after the accident. "Public places", this wild rock landing activity has also exceeded the reasonable scope of reasonable attention from the Scenic Area Management Committee. Then he sentenced to rejection of the lawsuit.
This verdict was affirmed by netizens that the judge presided over justice, and adults had to bear the risk when they voluntarily participated in such a certain dangerous activity.
Netizens' attitudes are mainly the rise of outdoor activities in recent years. Some donkeys insisted on entering some zones that have not been developed and have no security guarantee. Once they are in danger, they need social forces to rescue the disputes on claims. Similar judgments are not uncommon, almost all rejected unreasonable claims. Netizens believe that the judgment is just a lack of sympathy for the danger of donkey friends, but that the fair judgment can make the donkey friends understand the meaning of "self -risk", thereby awe, knowing self -protection and security.
There are often donkey friends who need rescue when they encounter danger (picture source: CCTV News)
It can be said that the verdict "self -risk" is not ruthless. It is precisely at this time that "ruthlessness" is better than affectionate. Easily adventure. The judgment "self -risk" is to remind the awe of life, cautiously involve danger to reduce the occurrence of accidents and protect the safety of life.
According to the "Self -Risk" clause of the Civil Code and voluntarily participate in a certain risk of cultural and sports activities, if the behavior of other participants is damaged, the victim shall not request other participants to bear the liability for infringement; however, other participants have the damage to damage. Except for intentional or major faults.
The so -called "self -risk" means that the victim can realize the existence of a certain risk or be able to recognize that it is about to suffer a certain risk and still put themselves in dangerous matters, which leads to damage. Such as outdoor adventure, if the participants are adults, they should foresee relevant risks. If they suffer damage during the adventure, the peers will not be fault, then this consequences should bear themselves. The risk exemption system is considered to be clearer and fair, and it is also in line with the principle of "one person, one person, one person", who is responsible for who is the responsibility, not involved the innocent.
Donkey friends climbing the claim that the claims were rejected, and once again explained what it means to be "self -risk", and the donkey friends should also be regarded as a precepts. When participating in outdoor activities, they can do their own safety guarantee to avoid letting themselves be in danger in danger. , Do not cause harm to others.
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