When watching fireworks, the eye is injured by a falling object of the fireworks, who should pay for the pain? 
The following is an answer to the case of a dispute over the right to health between Li and Wang.
Case reviewOne day in 2021 was the local God of Wealth Festival, and that night, when Wang set off fireworks at the door of his shop, he attracted crowds of onlookers. When neighbor Li raised his head to ** fireworks, the falling object after the fireworks bloomed in the air injured his right eye and bleed on the spot. Li's family immediately drove him to the hospital for **, and the diagnosis was a laceration of the conjunctiva of the eye, blunt trauma to the eyeball, and then in the process of **, the injury continued to deteriorate, eventually leading to retinal detachment, vitreous hemorrhage, proliferative vitreoretinopathy, eye contusion, retinal rupture and other serious injuries, and Li spent a total of 29,061 medical expenses83 yuan. In the course of the litigation, Li's injuries were assessed as Grade 8 disability.
Heard by the courtsCitizens' right to health is protected by law, and where harm is caused by infringement of citizens' bodies, compensation shall be made for the losses caused. According to the law, if the possession or use of flammable, explosive or other highly dangerous substances causes damage to others, the possessor or user shall bear tort liability, but if it can be proved that the damage was caused by the victim's intention or force majeure, it shall not be liable. Where the infringed party is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced. In this case, the process of setting off fireworks and firecrackers was a highly dangerous act, and the defendant Wang was the perpetrator of the highly dangerous situation at the time when he set off fireworks and firecrackers at the entrance of his shop, and Li's injury to his right eye had a direct causal relationship with Wang's highly dangerous act of setting off fireworks and firecrackers. Therefore, Wang should be liable for all losses caused by Li's injury to his right eye. As an adult, Li should have sufficient cognitive ability and self-protection ability for dangerous environments, and should strengthen self-protection in highly dangerous environments, and because the location of Wang's fireworks is short from the door of Li's house, he should pay more attention to observe the surrounding fireworks and firecrackers, stay away from the core area of fireworks and pay attention to personal safety protection when fireworks. Therefore, he was also grossly negligent in the occurrence of the damage and should therefore bear the corresponding liability. Therefore, the court ruled that Wang should bear 65% of the compensation liability, and Li should bear 35% of the compensation liability. After the judgment, neither party appealed. What the judge saidDuring the Spring Festival, people like to set off fireworks to add to the festive atmosphere. Although fireworks are beautiful, they are safer and more expensive. Fireworks are flammable and explosive dangerous goods, in the process of fireworks, not only need to pay attention to their own safety, but also choose to choose the most permissible area, choose an open place for fire. After lighting fireworks, they should retreat to a safe place in time, and at the same time remind the crowd to keep a safe distance from the fireworks display area to avoid causing damage to the audience. In addition to not setting off fireworks alone, children should also be accompanied by fireworks at a safe distance. 
Links to legal provisions
Civil Code of the People's Republic of China
Article 1239: Where a person takes possession of or uses a highly dangerous substance such as flammable, explosive, highly toxic, highly radioactive, highly corrosive, or highly pathogenic that causes damage to others, the person in possession or user shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by force majeure of the victim, no liability shall be imposed. Where the infringed party is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced. 
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*: Shandong High Court, High Secret Court.
Preliminary review: Shan Pengli.
Reviewer: Tang Xiaofang.
Final review: Liu Qiankun.