It's a dance that has only recently emerged in China, and it's spread overseas.
Unexpectedly, such an activity that young people like made Sister Yang owe more than 600,000 debts!What's more, she also saved his life!
Hubei, Wuhan, the name Sister Yang, as long as anyone who dances has heard of it.
Sister Yang can not only jump by herself, but also drive the people around her. Even if you are not a person with bad qualifications, you can jump twice, so Sister Yang is welcomed by everyone, and they are also very happy about Sister Yang's command.
It wasn't until this year that Sister Yang posted a message in her circle of friends, so that everyone could come over for a rehearsal this morning.
The next day, everyone came, and so did Old Man Zhang.
But soon, everyone noticed that Grandpa Zhang was lying on the ground, his face was full of pain, and everyone stopped what they were doing and surrounded Grandpa Zhang, trying to rescue him.
When Sister Yang saw this scene, she hurriedly gave Grandpa Zhang cardiopulmonary resuscitation, and then sent another doctor to do cardiopulmonary resuscitation for Grandpa Zhang, but it turned out to be useless.
By the time he was taken to the hospital, Uncle Zhang had been confirmed to have died of cardiac arrest.
Although everyone was very sad, Grandpa Zhang's family still insisted that Grandpa Zhang's death was all because of Sister Yang.
In their opinion, this incident was arranged by Sister Yang, and Sister Yang must take responsibility for Grandpa Yang's death, so Grandpa Zhang died of dancing, so Sister Yang must give the child a sum of money.
Sister Yang felt that this was nonsense at all, the students she had taught over the years had not encountered any accidents, and Mr. Zhang was injured in a car accident, and she also helped, so this matter should not be borne by her.
In the case of a dispute between the two parties, Uncle Zhang's children sued Sister Yang to the court.
The opinions of several children of Mr. Zhang are:
1.Sister Yang organizes square dances and the like, and she is responsible for protecting everyone's safety. After Grandpa Zhang died, Grandpa Zhang died because he was not sent to the hospital by Sister Yang, so Sister Yang had to compensate Grandpa Zhang's losses.
2.Sister Yang should bear the funeral expenses of 600,000 yuan for Uncle Zhang's death.
Sister Yang was very surprised when she heard the lawyer's call: "I have already helped him, why do you want to give me more than 600,000?"”
Sister Yang discussed with Mr. Zhang's children for a while, and then picked up her defense book.
Sister Yang's reply is like this:
1.Mr. Zhang is a citizen, he participated in this project voluntarily, according to the laws of the country, if Sister Yang made any serious mistakes, or deliberately killed Grandpa Zhang, then Sister Yang is not responsible.
Obviously, Sister Yang didn't make any big mistakes.
2.Mr. Zhang died suddenly of his illness and was later sent to the hospital, but he was not cured in the end, which was his fault. Old Man Zhang should have thought that he had a heart attack and couldn't do such high-intensity exercise, but he chose to dance, which was also Old Man Zhang's fault.
3.Sister Yang immediately took emergency measures after the accident, not only did cardiopulmonary resuscitation for Mr. Zhang, but also called another doctor.
From the current point of view, Grandpa Zhang's death is not Sister Yang's fault.
The verdict in court was this:
From a practical point of view, the old man Zhang did take the initiative to participate in this cultural activity, but then he suddenly fell ill and was sent to the hospital, but in the end he was not cured.
Moreover, so far, there is no evidence to prove that Sister Yang was intentional, whether it was serious negligence or intentionality.
In addition, Sister Yang was a square dancer, and when he fainted, she not only gave him cardiopulmonary resuscitation, but also called a doctor, and even called an ambulance, and she did everything she did, so she was not at fault for Grandpa Zhang's death.
Uncle Zhang's square dance is a very dangerous sport, but since Grandpa Zhang is willing to participate, he must take this risk himself.
Therefore, the plaintiff's claim is not in line with common sense and is not upheld by the court.
In the end, ** still made a corresponding ruling, rejecting Mr. Zhang's children's request, and Sister Yang did not receive a penny of compensation.
Legal knowledge] According to the relevant laws and regulations of the state, the actor should bear tort liability if he infringes on the property of others due to negligence, resulting in the loss of the property of others.
When infringing on the person or property of others, the infringed party has the right to stop the infringement, remove the obstruction, eliminate the danger and other civil liabilities.
Of course, the presumption of innocence also applies under certain conditions.
It can be seen from the laws, regulations, etc., that no-fault is also called no-fault liability, that is, if the injury is caused to others without fault, in accordance with the requirements of the law, the person who caused the injury should be given the principle of civil liability.
Generally, there are the following situations:1If another person suffers injury due to environmental pollution, and causes losses to others, he shall be liable for no negligence. If he hadn't polluted the environment here first, no one would have been harmed.
For example, if there is a person who puts a lot of fans in the riverDrunk|medicine, and then drowned in the river, so the person who poisoned the river also bears some responsibility.
3.If the raising of animals causes injury to others, the animal breeder and the manager shall be jointly and severally liable for compensation. If someone goes out for a walk and doesn't keep the dog on a leash and causes someone else to be bitten by the dog, then that person must be held responsible.
In the same way, animals should also be compensated for harming people.
If there is a warning sign in the zoo that says it is forbidden to go near the animals, and there are staff members who stop it, if someone provokes these animals and is attacked by these animals, then it has nothing to do with the zoo.
4.When causing injury to others, the guardian shall be liable for compensation without negligence.
Because the expression of the will of the person who lacks civil capacity and the person with limited civil capacity is restricted, it is impossible to distinguish between his own behavior, that is, the guardian fails to perform his guardianship duties, and the guardian is required to bear no-fault liability.
What is a legally incapacitated person?
Under normal circumstances, children under the age of 8 and those who have not mastered their own capacity** are incapacitated for civil conduct.
Judging from the relevant law, this is a person who cannot carry out civil legal acts according to his own will, so he must be supervised by a guardian.
The persons with limited civil capacity are mainly minors over the age of 8 and 18 and those who have not fully recognized their own capacity.
Their expressions of intent are legally more effective, but some are one-way, so this is an invalid expression, that is, it is up to their guardians to determine.
However, there is one thing to remind everyone that young people under the age of 16 can be recognized as persons with independent civil capacity as long as they have their own economic income.
Then, the relevant judicial interpretations provide for guardians as follows.
The duty of the guardian is to protect the legal rights of the ward, and to ** the legal acts of the ward, because the ward is usually unable to perform the corresponding legal acts, so it must be borne by the guardian.
There are many situations of guardianship, including legal guardianship, intended guardianship, testamentary guardianship, etc.
The so-called legal guardian refers to the guardian determined in accordance with laws and regulations. It usually refers to one's parents, older siblings, grandparents, etc.
Intended guardianship is a guardian selected by the ward himself, and under normal circumstances, it is negotiated with his close relatives or other institutions or individuals who are willing to serve as guardians, and if the ward has a problem, he or she is responsible.
But you must know that guardianship and guardianship are not the same thing, just having the identity of guardian does not mean that she can get custody of the child.
According to the relevant legal provisions, the right to maintenance is an individual right of parents to care for and educate their children.
Of course, the subject here does not refer to parents, but to adoptive parents, grandparents, etc., so the right to parenthood is not only a right of parents, but also a responsibility, that is, to treat the child wholeheartedly, and at the same time to take good care of her in the daily diet.
Therefore, guardianship should be included in the right of custody, i.e., guardianship is in fact a right of support.