Women went to colleagues' houses to pick pears and were injured and claimed 130,000, court: rejection!

Colleagues pick pears in their own house

However, an accident was injured by the pear

Should the master's house be responsible for this?

recently

The court tried a case of health rights

Case love briefly

Ms. Liu and Mr. Li worked in the same factory in the same factory. After learning that the pears planted by Mr. Li's house were mature, they met with another colleague to Mr. Li's house.

Because she did not say hello in advance, that day, when Mr. Li went out on the same day, Mr. Li's wife, Ms. Huang, warmly received Ms. Liu, and took the initiative to take out Ms. Liu to help Ms. Liu to fight pear.

According to Ms. Liu's requirements

After Ms. Huang laid four or five pears

I didn't continue to fight the pear again

But after Ms. Liu picked up the falling pear

A pear suddenly dropped on the tree

Just hit Ms. Liu's left eye

Ms. Liu

I didn't realize the seriousness of the problem at the time, but I just dealt with it. But after returning home, I felt that my left eye became more and more painful, so I went to the hospital for treatment after more than 20 days of the incident. I was diagnosed with symptoms such as eyeballs, choroidal rupture, and chronic purulent otitis media in the left ear. In 15 days, the cost of treatment is more than 10,000 yuan.

After discharge

Ms. Liu applied to the judicial department for injury identification

Appraisal opinion show

Ms. Liu's left eye damage

Currently leaving moderate vision

Damage was evaluated to level 10 disability

After negotiating compensation with Mr. Li, Ms. Liu sued Mr. Li to the court and claimed that Mr. Li would compensate for medical expenses, nursing fees, disabled compensation, nutritional expenses, misrepresents and other losses. Yuan.

Mr. Li

On the day of the incident, I was not at home. Out of enthusiasm, my wife took the initiative to help pick the pears, and gave it free of charge. This is a kind of good intention. In the relationship, I paid 4,000 yuan for medical expenses after the incident.

Court decision

After hearing, the court believed that Ms. Huang's wife, Ms. Huang, requested Ms. Liu, and used bamboo crickets to destroy the pears on her pear tree and give gifts to the good intentions of the department, which reflects the good folk customs of the local neighborhood, friendliness and integrity. The rights and obligations between the two parties cannot be determined or agreed.

As a person who has a fulfilling capacity for civil behavior, Ms. Liu and her partners asked Ms. Huang to fight pear in the defendant's house. They should have fully recognized the risk caused by the drop of pear and to prevent them.

therefore

Ms. Liu's injury and Ms. Huang hit pear

There is no causal relationship in the sense of infringement liability

There is no fault to damage the facts

Should not bear the liability for infringement

Judge

Good intentions Shi Hui is a good behavior, which has carried forward a good morality and highlights the core values ​​of socialism. In the case of no intentional or major negligence, the good person is required to be liable for compensation for the loss of beneficiaries The law should not be supported.

Ms. Liu was injured by the falling pear. It was an unexpected incident. It was required that the hospitable owner had no legal basis for the liability for compensation for her damage and was not conducive to inheriting morality. Therefore, she did not support it. In the end, the court decided to reject all the claims of Ms. Liu.

Good intentions, also known as friendship behavior or gentleman agreement, refers to the unintentional relationship between the parties to set the legal rights and obligations, and the one party's relationship based on the good morality of the parties enables the other party to enhance the friendship. the behavior of.

in daily life

Often, you can take a ride, goodwill support, etc.

Good intentions

Shi Huiren is often out of good intentions

Help the beneficiary for free

Because good intentions are not compensated, based on people's inner goodwill, from a fair perspective, and reducing the responsibilities of Shi Huiren as appropriate. Essence

Shi Hui should bear

Legal of damage results

It is based on pre -behavioral behavior

Obligation to the protection of relative person rights

If the opposite person is damaged, the behavior is damaged

Shi Hui should take responsibility

But at this time it has been transformed into infringement

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