[Case].
Xiao Liu's mother and son shared a car, and the mother considered that Xiao Liu did not have a regular job, so she agreed that the car should be used by Xiao Liu to drive a rental car to make a living. However, Xiao Liu was not satisfied with rental, and often drank and gambled, which caused Xiao Liu's mother to be dissatisfied. In May, Xiao Liu drunk and drove and injured a pedestrian Ms. Sun, who spent more than 20,000 yuan in medical expenses on hospitalization. Afterwards, Ms. Sun demanded that Xiao Liu's mother and son bear all the medical expenses, but Xiao Liu's mother believed that the accident was caused by her son Xiao Liu alone, and she should not bear any responsibility. So, who should bear Ms. Sun's medical expenses?
Legal Analysis.
In this case, Xiao Liu violated Ms. Sun's right to physical health by injuring her while drunk, and although the accident was caused by Xiao Liu alone, since the car was jointly owned by Xiao Liu's mother and son, and the liability was inseparable, the two were jointly and severally liable for compensation. Specifically, Ms. Sun can require either of Xiao Liu's mother and child to bear the liability for compensation, and the party who bears the responsibility can recover from the other party after fulfilling the obligation.
Link to the law].
Article 297 of the Civil Code: Immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.
Article 299:Co-owners jointly enjoy ownership of the jointly owned immovable or movable property.