"Goodness brings happiness, civilization brings harmony". When interacting with others, you will often feel happiness and peace in life. When conflicts and frictions with others occur, it will be solved through civilized and rational ways, and the life around us will become harmonious and beautiful, and a kind and civilized lifestyle can also reduce many unnecessary troubles for ourselves, and some tragedies will be avoided.
In March 2019, a 70-year-old doorman in Pizhou, Jiangsu died suddenly due to insults by the owner. Afterwards, the family of the deceased claimed 200,000 yuan from the owner. How will the court judge this case?
Uncle Shao, who lives in Pizhou, Jiangsu Province, found a doorman security guard in the community after retirement. Although he had to get up early to go to work every day, he was lucky that his work was relatively leisurely. Most of his usual jobs are on duty at the gate or patrolling in the community, which also allows him to exercise his muscles and bones every day.
During his work, if he discovers uncivilized phenomena in the community, as an elderly person with rich experience, he can reconcile them. During this period, he became familiar with some owners in the community, and also left a kind impression, and such work also enriched his later life.
But one afternoon in March 2019, when he was on duty, he found that a tricycle was illegally parked at the entrance of the community, and the tricycle was parked in the center of the entrance of the community, and blocked the normal operation of the sliding door. This time is the time when a school near the community is over, and many children of the owners of the community are also attending that school.
At this point in time, this tricycle that blocks the community gate will inevitably affect the normal passage of many other owners and may even bring some dangers. After seeing this, Mr. Shao walked out of the duty room. When he found that the owner of the tricycle was sitting in the car, he walked to the other party and suggested that she move the car in a place so as not to affect the entry and exit of other owners in the community.
The owner of this tricycle Zhao is not the owner of this community, and she parked the car here not to find fault. She just waited here for her grandson to get her from school and was preparing to pick her up for dinner. But no matter what, her car was parked in the wrong place, which affected the normal travel of others. Moreover, the school still had some time before school was over, so Mr. Shao suggested that she move a car to facilitate each other.
But Zhao was anxious to take his grandson home and did not follow his advice. He also got angry with Uncle Shao, who was constantly persuading her, so he started arguing with him. Moreover, while arguing with Uncle Shao, Zhao looked at the other party wearing a security suit and insulted Uncle Shao with contempt. During the insult, Uncle Shao, who was standing aside, became excited.
The colleague who rushed over after hearing the news was worried that Mr. Shao, who was over 70 years old, would have him go to the duty room to rest. But just after everyone thought that the matter would just pass, ten minutes later, when an owner passed by the guard room, he accidentally found that Mr. Shao's physical condition was very wrong. He was worried and hurriedly called the emergency number. However, after the medical staff arrived at the scene, it was too late to go in time.
After a professional institution examined Mr. Shao's body, it was determined that the cause of his death was caused by the rupture and bleeding of the aortic dissection, causing death from pericardial filling. When examining Mr. Shao's past medical history, he found that he was diagnosed with myocardial infarction in 2012. After being diagnosed, he insisted on taking relevant drugs for relief and treatment. He was hospitalized twice a year and cooperated with the doctor for treatment.
combined with Uncle Shao’s past medical history and the process on the day of the incident, it can be concluded that the quarrel between Zhao and Uncle Shao and her abuse of Uncle Shao are one of the factors that triggered Uncle Shao’s sudden death due to sudden heart disease.After the tragedy, Mr. Shao's family fell into grief, and they also believed that Mr. Shao's death was directly related to Zhao's harsh words, so they sued her. So how will the court try this case in which the 70-year-old doorman in Jiangsu could not bear the insult of the car owner and died suddenly and his family claimed 200,000 yuan in compensation from him?
" Civil Code " Article 1165: If the perpetrator infringes upon his civil rights and interests due to fault, he shall bear the responsibility for infringement of .
In this case, Zhao and Mr. Shao were not related to each other, and did not know his physical condition at the time of the incident. Then, subjectively, they did not have the malicious intention to deliberately induce his heart disease and did not have criminal responsibility.
The cause of Mr. Shao's death is caused by a sudden heart disease, which is caused by his own disease. It is an internal cause of the damage and is also a leading factor.
At the same time, a dispute broke out between Zhao and Uncle Shao on the day of the incident, and then Zhao insulted Uncle Shao. These behaviors caused Uncle Shao to become emotionally excited. This factor is a cause, and there is a causal relationship between the damage caused by the heart attack, which eventually led to Uncle Shao's sudden death.
Although Zhao was not aware of Uncle Shao's physical condition at the time of the incident, he refused to accept other people's reasonable suggestions when he was at fault and scolded him for no reason. These situations became excited with Uncle Shao's emotions, which eventually triggered Uncle Shao's heart attack, resulting in his sudden death. Then there is an inevitable connection between Zhao's fault and the damage result of Mr. Shao's death, so she should bear part of the compensation liability in civil terms.
Finally, after the trial of this case, the court believed that although Zhao was not aware of Mr. Shao's physical condition in this matter, he was at fault for his behavior of urging others for no reason, and to a certain extent, he induced another's heart attack. He was required to bear 10% of the compensation liability for this and compensated the family of the deceased for various economic losses of more than 20,000 yuan.
As the saying goes, "If you know your mistakes, you can correct them. There is no greater good." After doing something wrong, accept the suggestions of others and correct them in time. Then many things will have room for maneuver and will not cause the worst results. In this case, if Zhao could follow the other party's reasonable advice and move the car to a safe position, the tragedy would not have happened.
(In "Case: The 70-year-old doorman in Jiangsu died suddenly due to insults by the owner, and his family claimed 200,000 yuan. How does the court judge?", the pictures only cooperate with the narrative; original articles, no transfer or stolen without permission!)
