Two men fought on the street, passers-by stepped forward to fight, and they were actually sued in court and claimed 50,000 yuan! What is the reason for the man who pulls the frame to face such a dilemma? How will the law judge this dispute over relief and liability?
01.Review of the course of the case
In a corner of the labor market, Wang and Li stood face to face, each other's faces full of dissatisfaction and anger.
The middle-aged man Wang's face was pale, he glared at Li, and there was a tremor in his voice: "You owe me wages, you must pay me back today!" Not to be outdone, the burly Li glared back at Wang: "When did I owe you?" Don't spew blood! ”。
The emotions of the two escalated, gradually evolving from verbal conflict to physical conflict. Li pushed Wang's palm violently, and Wang lost his balance and fell to the ground.
At this time, Tu, who was passing by, witnessed all this. Tu was anxious, worried that the situation would deteriorate further. He stepped forward quickly, trying to separate the two: "Two, calm down!" If you have something to say, it's good to say. At the same time, he hugged Li's waist tightly and tried to separate him from Wang.
In the chaos, Tu accidentally slipped and fell, and his knee hit the hard road hard, and a sharp pain hit. And Li's head hit Tu's shoulder, Li immediately felt severe pain, he looked at Tu and Wang angrily, thinking that the actions of the two jointly caused his injury.
So, Li decided to take legal measures and sued the two of them in court together, demanding that they compensate themselves for their economic losses of 44,905 yuan!
So, from a legal point of view, does Tu need to bear Li's economic losses?
02.Analysis from a legal perspective
In hearing the case, the court first clarified the legal relationship between the plaintiff and the defendant and their respective responsibilities. The court held that the scuffle between Li and Wang was the direct cause of Li's injury. In this dispute, Tu's original intention was to persuade the conflict and avoid escalation. His actions were voluntary emergency rescue.
Article 184 of the Civil Code of the People's Republic of China stipulates: "Where the aided person suffers damage due to the voluntary implementation of emergency assistance, the rescuer shall not bear civil liability. "Combined with the specific circumstances of this case, Tu hugged Li when he was pulling the frame, the purpose was to calm the conflict, not to intentionally hurt Li. Therefore, Tu's conduct was not illegal.
In the end, the court rejected Li's claim against Tu.
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Disclaimer: The picture comes from the Internet, the story is adapted from the case, if there is any infringement, delete and apologize!