"What does it have to do with me when you fall yourself? "An old man in Shaanxi Province made a living by operating an orchard, and one day caught a thief in the orchard, and the thief accidentally fell down when he fled, and his toe was seriously fractured, and the thief was unwilling, so he sued the old man in court, shouting for the old man to bear his own economic losses, how did the court judge?
01.Case review
In a quiet village in Shaanxi, Zhang Laohan, a fruit farmer, grows apples for a living. His orchard covers several acres, and the red apples hang from the branches, like a star descending on the earth.
The day before the crime, the sky was blue and the sun was shining. Zhang Laohan came to the orchard as usual to carefully inspect the growth of apples. He gently stroked the skin of the fruit with his hand, his heart full of anticipation and joy.
At this moment, he suddenly noticed that in another corner of the orchard, a strange man, Li, was secretly picking apples. Lee's movements are swift and agile, and he is clearly an experienced habitual thief.
Zhang Laohan was shocked in his heart, and immediately shouted: "Hey! What are you doing? Put down the apples! ”
The sound echoed through the orchard, appearing unusually clear and sharp. Li was taken aback, and he turned around to see Zhang Laohan walking towards him angrily. Li panicked, he knew that his behavior had been exposed, so he pulled his legs and ran.
The road in the orchard is winding and lined with dense grass. Li panicked and rushed forward, not noticing the road conditions ahead. When he ran around a corner, he suddenly tripped over a pole. The sound of a heavy fall on the ground was particularly harsh in the silence of the orchard.
Seeing this, Zhang Laohan hurriedly ran forward to check. I saw Li curled up on the ground in pain, with a painful expression on his face.
He had a visibly sprained left foot and was unable to move. Although Zhang Laohan was a little unbearable in his heart, he was more angry and helpless. He called the ambulance** and waited for the police to arrive.
While waiting, Li began to sob, and he kept blaming himself: "I really damn it, how could I be so careless." And Zhang Laohan looked at him coldly and did not speak.
After a doctor's examination, Li was seriously injured, with a ruptured tendon in his foot and 4 fractures in his toes, requiring hospitalization and long-term recuperation. Faced with such a result, Li was deeply saddened and unwilling.
He believes that all this is because of Zhang Laohan's loud shouting, which caused him to fall and be injured in a panic. Therefore, he decided to ask Zhang Laohan for compensation.
From a legal point of view, does Zhang Laohan need to be responsible for Li's injury?
02.Case analysis
First of all, let's be clear, Li's behavior is theft. The Law on Administrative Penalties for Public Security clearly stipulates the penalties for theft. Regardless of whether Lee was injured or not, his theft was illegal.
Second, justifiable defense is a right granted to citizens by law. In this case, after Zhang Laohan discovered that Li had stolen apples, he shouted at Li for the purpose of protecting his property and stopping illegal acts. This act fully meets the definition of justifiable defence.
Thirdly, Li, as an adult with full capacity for civil conduct, should be responsible for his own safety. During the escape, he failed to see the road ahead, causing him to trip and fall. This is the result of his own negligence, and it has nothing to do with Zhang Laohan.
In the end, the court ruled that Zhang Laohan was not responsible for Li's injuries.
What do you think about this?
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