Three children go out to play
An accident occurred
A companion drowned
The oldest child
Should I be responsible for this accident?
Minors have an accident in playing
The parents of the deceased claimed compensation from their companions
Luyi County, Zhoukou City, Henan Province. In September 2021, 6-year-old Xiao Ming (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseudonym) (pseud
When the three of them went to the construction site under construction near the village to play together, Xiao Ming accidentally fell into a deep water puddle dug at the construction site and unfortunately drowned.
After the accident, Xiao Ming's parents sued Ding Ding and his parents in court, demanding compensation for death compensation, totaling more than 300,000 yuan.
Court: People with no civil capacity
There is no legal obligation to rescue each other
Luyi County Court held after trial that all three children who played with were people with no civil capacity, and their physical and intellectual development was not sound. In the face of emergencies, self-protection was insufficient, and it was even more powerless to rescue others. Both of them are without civil capacity and have no legal obligation to rescue each other. Ding Ding and his parents are not at fault for Xiao Ming's death.
" Civil Code of the People's Republic of China " stipulates that if the perpetrator infringes upon his civil rights and interests due to fault, he shall bear the responsibility for infringement of . If the perpetrator is presumed to be at fault in accordance with the law and cannot prove that he is not at fault, he shall bear tort liability.
In this case, Ding Ding, as a person without civil capacity, was not at fault for Xiao Ming's drowning, nor did he infringe on his legitimate rights and interests, and should not bear tort liability.
In the end, the court ruled to reject Xiao Ming’s parents’ lawsuit.
Judge: It sounds the alarm bell for "drowning prevention" for minors
This case is a tragedy caused by drowning of minors, and it sounds the alarm bell for preventing minors from drowning again.
1. Do people without civil capacity have the obligation to rescue?
Article 20 of the Civil Code of the People's Republic of China stipulates that minors under the age of eight are persons without civil capacity, and their legal representative shall act on behalf of civil legal acts .
In this case, the three children are both 6 or 7 years old and are people without civil capacity. Their physical and intellectual development is not yet sound. Because they are greedy for fun, they come to the pond together, and their ability to foresee the dangers they face is weak, their awareness of self-prevention is insufficient, and their ability to save themselves is weak. It is unrealistic to impose a heavy obligation to rescue his companions beyond his ability.
2. Do adults have the obligation to help?
According to legal principles, there are generally four sources of obligations: First, the law clearly stipulates, such as the People's Police Law of the People's Republic of China, police have the obligation to stop illegal and criminal acts and protect the safety of people's lives and property; second, occupational or business requirements, such as doctors have the obligation to save lives and firefighters have the obligation to prevent and extinguish fires; third, contracts and other legal acts arising from catering and hotels; fourth, leading acts arising from pre-operation, such as traffic perpetrators have the obligation to rescue the victims.
The Civil Code of the People's Republic of China stipulates that natural persons over the age of eighteen are adults, and adults have full civil capacity for .
If an adult leads children to swim in the river or other places, and the children are in danger, the adults have the obligation to rescue them. If children suffer casualties due to failure to provide timely assistance, they must bear certain liability for infringement compensation.
3. What are the obligations of the owner or manager of the pond involved?
Article 1258 of the Civil Code of the People's Republic of China stipulates that if the excavation, repair and installation of underground facilities in public places or roads causes damage to others, and the construction worker cannot prove that it has set up obvious signs and taken safety measures, he shall bear tort liability. If the underground facilities such as manholes cause damage to others and the manager cannot prove that they have fulfilled their management responsibilities, he shall bear tort liability.
In this case, the construction worker should strengthen management of the deep water pits dug in highway construction, set obvious warning signs to indicate the dangers of the pond, inform pedestrians or unrelated personnel to stay away from the pond, and take necessary safety measures. If no obvious signs are set up and safety measures are taken, if this case is similar to a drowning accident, the construction worker shall bear tort liability if it is at fault. It is reported that in this case, Xiao Ming's parents reached a settlement agreement with the construction worker and received corresponding compensation.
4. How to prevent drowning accidents from occurring in minors?
" Law on the Protection of Minors of the People's Republic of China " and " Law on the Promotion of Family Education of the People's Republic of China " all clearly stipulate that the state, society, schools and families have the obligation to educate and guide minors to establish a sense of safety within their responsibilities and build a solid safety barrier for "drowning prevention".
"Drowning Prevention" Small Classroom
If you are unfortunately drowning,
How should we correctly save ourselves?
1. How can people who don’t know how to swimmers save themselves after drowning?
. Don’t panic
Don’t know how to swimmers, they have great fear of water, and struggling desperately or holding their hands up will make their bodies sink. You need to be calm after drowning. First, you must stomp off your shoes and wait for rescue. Don’t panic. If there are floating objects around you, you must hold on. At the same time, if someone around you, you should ask for help immediately.
. Relax the body
If there is no one around, try to relax the whole body. Try to lie on your back so that your head is backward and your mouth and nose can breathe out from the water. Brush the water regularly with your hands and legs. Don’t panic, save your energy, and wait for rescue.
2. How can swimmers save themselves after drowning?
. Don’t panic
Can swimmers should also stay calm, don’t panic, be calm and call for help in time.
. If drowning occurs due to cramps, please refer to the following method:
(1) When the legs are cramped, hold the toes of the cramped leg with your hand, pull it up forcefully, and repeat several times until recovery;
(2) When the fingers are cramped, quickly clench your fist, straighten it hard, and repeat several times until recovery.
. If drowning is caused by entanglement by aquatic plants, please refer to the following method:
(1) After inhaling, hold your breath and drill into the water, open your eyes to observe the entangled places, and use your hands to help slowly freeze the entangled places, do not struggle;
(2) After getting rid of the aquatic plants, gently kick your legs and swim, and leave the overgrown places as soon as possible.
. If you are drowning caused by falling into a vortex, please refer to the following method: If there is a vortex in front of
, if we cannot avoid it, we must stretch our body to the maximum to increase the floating area in the water. When passing through the edge of vortex, crawls into and quickly leave the vortex.
3. How should minors and people who lack professional knowledge be rescued?
. Call 119 and 110 immediately to call professionals for rescue, and call 120 to request medical rescue;
. Call for help from around you and seek rescue from those with professional ability;
. Extend the bamboo pole around you to the drowning person, and pull the drowning person back on the basis of ensuring the safety of your position. You can also use materials on the spot and hand over clothes, wooden boards, etc. when there is no bamboo pole around you;
. Throw out floating objects such as lifebuoy, life jacket, balloon , schoolbag, beverage bottle, etc., or fix one end of the rope, wrap the other end and throw it forward from below to the drowning person, waiting for rescue;
5. Non-professional lifeguards are not recommended to go into the water for rescue; multiple people are not recommended to go into the water for rescue; dive to save people, and dive into the water for rescue.
Minors must not jump into the water with bare hands to rescue, nor should they try to pull the person who falls into the water by hand.
4. How should people with rescue capabilities be rescued?
. Stay calm and take off your clothes and pants as much as possible, especially take off your shoes and boots, and swim quickly near the drowning person;
. Quickly rescue the shore. It is best to lift the fallen person's head from the back, or pull up his chest from above to expose his face to the water, then drag it ashore and call 120.
5. What first aid measures can be taken on the shore under different circumstances?
When someone drowns, corresponding first aid measures should be taken according to the different status of the drowning person after he is rescued ashore.
. If a drowning person is awake and breathing, he should keep him warm and wait for the rescue personnel to arrive or send him to the hospital for observation;
. If a drowning person has no response to the call but is still breathing, he should immediately clean his oral and nose foreign body, stabilize his side position, prevent misaccination, and wait for 120;
. If the drowning person has no response and breathing, he should immediately start cardiopulmonary resuscitation for basic life support;
. Master the correct rescue methods. Some well-known "shoulder top method", "knee top method", "bow hug method" and other water control first aids are actually wrong. Even living people may suffer from "water control" and die of suffocation and suffocation.
Pay special attention to drowning causes cardiac arrest, chest compression and breathing are equally important, and neither can be ignored.
Cytopulmonary resuscitation must be continued, and the interruption time cannot exceed 10 seconds.
To prevent drowning, children should also remember: do not go out to swim or play in water without parents or guardians; do not swim or play in water with classmates without permission without parents; do not swim or play in water without supervision and prohibited swimming notices; do not swim or play in water without safety guarantees; do not swim or play in water without unfamiliar water.
Source: Henan Legal Daily, CCTV Today's Statement
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