Feng Lu talks about the case series.
Wrestle your wrists. In real life, we often encounter wrist wrestling. For example, two people sit together, compete in strength, and shorten the distance between the two sides. Perhaps, I haven't seen each other for a long time, and after the two greeted each other, they broke their wrists and enhanced their friendship. And so on, there is no doubt that wrestling hands has become a form of interpersonal communication, simple and effective, and can be seen everywhere.
But what should I do if I break my wrist and hurt it? Colorful life often presents us with a thousand strange things, so the author combines a case to talk to you about how to deal with such disputes.
Case. A store is a self-employed industrial and commercial household, established on May 14, 2017, and the person in charge is Li, of which Wang serves as the store manager and is a student of Li.
On August 10, 2020, Wang set up the table and had a wrist-wrestling activity with others in the store, during which he invited Ma to participate, Ma refused, Wang invited Ma again, and Ma participated in the wrist-wrestling activity. During the activity, Ma was injured.
After the incident, Wang sent Ma to the hospital**, and Ma was hospitalized and diagnosed with a fracture of the lower part of the right humerus, which was hospitalized for 40 days, and cost a total of 26,037 medical expenses39 yuan.
According to the judicial appraisal, Ma's right elbow joint dysfunction is currently a grade 10 disability; Follow-up medical expenses of about 10,000 yuan; The time limit for lost work is 270 days, the time limit for nursing is 90 days, and the time limit for nutrition is 90 days. Ma paid an appraisal fee of 2,500 yuan. After being discharged from the hospital, Ma sued Wang and a store to the court.
First instance. The court of first instance held that wrist wrestling is a wrestling sport that competes between arm strength and wrist strength, which is in line with the general characteristics of competitive sports. Wang sent an invitation to Ma, and there was no coercion. Although Ma rejected Wang's invitation at the beginning, when Wang invited him again, Zeng chose to participate, which was a voluntary participation in the sports competition.
Wang's sudden exertion of force in a stalemate in the wrestling between the two parties is a common behavior in wrist-breaking activities, and it cannot be determined that Wang's sudden exertion of force is at fault or gross negligence. After Ma was injured, Wang actively sent him to the hospital** and paid for the expenses, fulfilling the general obligations of a participant in competitive activities. Therefore, Wang was not at fault for Ma's injury.
At the same time, Ma and Wang's wrist-wrestling was an entertaining sports competition organized by the clerk spontaneously after work, and the law did not require a store to have an obligation to remind or prohibit participation in non-work activities. Therefore, there was no management fault on the part of the store for Ma's loss. Accordingly, the court ruled to dismiss all of the plaintiff Ma's claims.
Second instance. Ma was dissatisfied and appealed. The court of second instance held that the activity of wrestling hands itself has a certain degree of risk, and is not prohibited by law or contrary to social order and good customs. Ma voluntarily participated in the activity, and it was not improper for the first instance to determine that Wang was not liable. At the same time, a store has no obligation to prohibit and therefore should not be liable for compensation. The appeal was dismissed and the original judgment was affirmed.
Feng Lu reminded. 1. Through this case, we should have a clear understanding of infringement, what is infringement? Tort is an illegal act in which the actor infringes on the person, property and other lawful rights and interests due to fault and shall bear civil liability in accordance with law, as well as other infringements that shall bear civil liability in accordance with special provisions of law. "It is generally accepted that a tort is first and foremost a civil wrongdoing, that is, that the tort undermines a certain duty under the law that is strictly prohibited from being violated; The tort is also an act that causes harm to others, and the perpetrator must compensate the injured person. ”
2. If, in the above case, Ma was forced by Wang to participate in the wrist wrestling and was injured as a result, then the trend of this case will be completely different. Because in this case, Wang's forced wrist wrestling and injuring Ma are already tortious acts, so naturally Wang should be liable for tort compensation to Ma.
3. Therefore, do not force your wrist to wrestle, the strength should be appropriate to avoid accidental injury, only with a sense of safety in your heart, and express your friendship in a reasonable and legal way, it is the king of interpersonal communication.
With legal technology, to be a technical lawyer.
Location: Weifang City, Shandong Province.