Who hurts who is justified?If the owner and the security guard fall in an argument, will the securit

Mondo Social Updated on 2024-01-31

The owner had a conflict with the security guard, and in the process, the owner fell and was injured, sued the security guard, and demanded compensation

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One evening, Wang was leisurely walking his puppy in the community. Suddenly, an unfamiliar vehicle drove into the community, shattering the tranquility. Wang frowned, and a wave of dissatisfaction welled up in his heart. He felt that the peace and safety of the community should be guaranteed, so he decided to go to the security guard Liu to theorize.

Wang walked straight to the security room, and the security guard Liu was busy handling affairs. Seeing Wang come in, he stopped what he was doing and asked politely, "Mr. Wang, do you have anything wrong?"”

Wang pointed to the vehicle that had just driven in and said angrily, "How did that car get in?"I don't like that, you should want to stop such vehicles from entering. ”

The security guard Liu explained: "Mr. Wang, this car belongs to the owner of the community, and he has the right to let his car enter the community. ”

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Hearing this explanation, Wang's emotions exploded instantly. He raised his voice and said excitedly, "How can you say that?"This neighborhood is my home and I need you to keep me safe and quiet. ”

Security guard Liu tried to calm Wang's anger, and he said gently: "Mr. Wang, you calm down first." I'll go check the surveillance footage to see how the car got into the complex. ”

However, Wang did not calm his anger, he began to push the security guard Liu, and said emotionally: "I don't need you to check the video!."You have to get that car out right away!”

Security guard Liu tried to stay calm, and he took a step back, trying to keep his distance from Wang. However, Wang's emotions became more and more excited, and he began to beat Liu.

In the heat of the argument, Wang suddenly fell to the ground, moaning in pain. Security guard Liu immediately dialed the first aid** and waited for the arrival of rescue.

At the hospital, the doctor told Wang that he had a fractured left wrist and needed immediate surgery**. Wang couldn't accept this fact, he thought he was innocent, and it was the security guard Liu who injured him.

So, Wang decided to sue the security guard Liu.

Article 1165 of the Civil Code stipulates that if an actor infringes upon the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability.

Specifically, in this case, after the quarrel between the plaintiff Wang and the defendant's security guard Liu, the plaintiff stepped forward to push the defendant many times, but the defendant exercised restraint and took the initiative to avoid it, and the defendant did not have any illegal acts during the entire conflict, and the defendant was not at fault for the damage caused by the plaintiff's fall. Therefore, the defendant does not constitute tort liability, and should not be liable for compensation for the plaintiff's losses.

Legal implications: This case reminds us that in daily life, if a dispute occurs, we must remain calm and restrained, solve the problem rationally and peacefully, take a step back and open the sky, and do not cause big losses due to small quarrels.

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