On the morning of the incident, the sky was not yet fully lit, and Lao Zhang was silently doing morning exercises in the community alone. Although it was a little cold, Lao Zhang enjoyed the tranquility and fresh air. As he walked past a demolition site, he suddenly felt an urge to urinate, so he stopped without hesitation and looked for a place to defecate near the site.
While looking for a suitable place, Lao Zhang suddenly noticed several elderly aunts and uncles struggling to push an electric car full of scrap metal passing by. Lao Zhang felt pity, he knew that these waste products were the only life for them, so he had good thoughts and decided to help them push the cart. But just as Lao Zhang was about to step forward to help, a man walked towards him angrily, as if full of resentment and anger. Lao Zhang was confused for a while, he didn't know who he had offended.
The man suddenly stepped forward and slapped Lao Zhang twice, then picked up a brick and threw it at Lao Zhang, shouting wildly as he smashed: "Kill you!".Stoned you!Lao Zhang was so frightened by the sudden attack that he hurriedly turned around and fled, but unexpectedly he slipped under his feet and tripped and fell heavily from the four-meter-high platform.
Lao Zhang was taken directly to the hospital for **, and after careful examination, the doctor found that he had multiple fractures on his body and needed emergency surgery. After the operation, Lao Zhang was still unable to move on his own, and could only lie in bed for a long time, completely losing his previous strong body. He has been struggling to endure pain and helplessness, and his family is in trouble because of his accident.
Lao Zhang is the main income of the family**, his wife has no job, and there are two minor children, and his parents are also retired and have no other income**, all rely on Lao Zhang for support. Lao Zhang was overwhelmed by his injuries and predicament, and he knew very well that all this was the cause of the man, so he decided to file a lawsuit in court to seek just compensation.
After the lawsuit began, Lao Zhang produced relevant evidence and medical records, and he pointed out that the man who chased him that day was the owner of the construction site, and his injuries were entirely the fault of the man. Lao Zhang demanded that the owner of the construction site bear the main liability for compensation, totaling more than 160,000 yuan.
However, the owner of the construction site, Qian, disagreed with Lao Zhang's statement. Qian said that the description in Lao Zhang's complaint was inconsistent with the facts. Qian cited several reasons to refute Lao Zhang's claim.
First of all, Qian pointed out that Lao Zhang claimed that he had come to the construction site to go to the toilet, but he questioned who would have such an urgent need to go to the toilet at half past four in the morning. Besides, Lao Zhang can go back to his own community to go to the toilet, why choose to go to a dangerous construction site for convenience?Qian thought Lao Zhang's behavior was incomprehensible.
Secondly, Qian refuted Lao Zhang's claim that he was helping to push scrap. He pointed out that Lao Zhang's so-called aunts and uncles are actually Lao Zhang's parents, so Lao Zhang is not helping to push the waste, but is suspected of stealing the waste. Qian believes that Lao Zhang's so-called "helping others for fun" is entirely to improve his social image.
In the end, Qian also denied that he had beaten Lao Zhang or chased and intimidated him. He said that the fact was that after Lao Zhang was arrested on the spot, he was worried that he would bear criminal responsibility, so he decided to jump from a four-meter-high platform, resulting in his injury. Qian pointed out that the facts described by Lao Zhang are completely inconsistent with the actual situation, and there are unreasonable places in terms of time, place, and motive.
After arguments and investigations on both sides, the court teacher found some key contradictions. First of all, the statement of the parties ignores the possibility of the owner of the construction site facing the theft of scrap, if the actual uncle and aunt are Lao Zhang's parents, not really those uncles and aunts who pick up scrap, then why are they not on the scrap truck?At the same time, Qian's impulsive behavior is also somewhat suspicious. Therefore, the court hoped to be able to learn more about the circumstances of the day and to find more evidence to support the statements of the parties.
The court needs to conduct further investigation into Qian and Lao Zhang, including obtaining surveillance footage near the construction site and questioning relevant witnesses. The judge believes that a fairer verdict on the case can only be made if more details and evidence are available.
Sister Fan's point of view:
1.According to Lao Zhang's account, the owner of the site beat and intimidated him, causing him to fall from the platform and be injured. The owner of the construction site shall be responsible for his own actions and shall be liable for compensation. This is based on the fact that the violence of the site owner caused actual harm to Lao Zhang, causing him to be unable to work and take care of his family. According to the law, the owner of the construction site should be responsible for safety, so he should provide compensation for Lao Zhang's medical expenses and living expenses.
Grandpa Wu's point of view:
1.According to the owner's rhetoric, there are many irrationalities in Lao Zhang's story. First of all, it is unreasonable for Lao Zhang to choose to go to the toilet at the construction site at 4:30 in the morning, and he can solve this problem in his own community. Secondly, Lao Zhang claimed that he was helping his uncle and aunt push waste, but in fact he was referring to his parents, which can be seen as a kind of stealing. In the end, the owner of the construction site denied that he had committed violence against Lao Zhang, believing that Lao Zhang had chosen to jump off the platform and cause the injury. Therefore, Lao Zhang's claim is unfounded, and the site owner should not be held responsible for the consequences of his injuries.
Legal Opinions:1According to Article 8 of the Tort Liability Law, a person who injures another person shall bear tort liability.
2.If Lao Zhang can prove that Qian's behavior caused his injury, then according to Article 25 of the Tort Liability Law, if the infringed party claims compensation, it may claim medical expenses, nursing expenses, lost work expenses, nutrition expenses, hospital meal subsidies, transportation expenses, residence change expenses, disability compensation, spiritual solatium and other losses, and at the same time limit the amount of compensation to a reasonable range.
3.With regard to Qian's rebuttal to Lao Zhang's conduct, the court should investigate the authenticity and legitimacy of the proof and ensure that all evidence and witness statements are fully displayed and tried in court.
4.The court should carefully investigate whether there was any wrongdoing between Qian and Lao Zhang to determine the causal relationship between them, and determine the respective liabilities and the amount of compensation to be borne by each party in accordance with Article 19 of the Tort Liability Law, taking into account the degree of fault of both parties.
5.The final amount of compensation should be comprehensively assessed based on factors such as the degree of Lao Zhang's injury, expenses, family income and losses, etc., to ensure that Lao Zhang and his family receive fair and reasonable compensation.