侵权责任
Search documents
钓友突发疾病死亡,同行者是否担责?
Ren Min Wang· 2025-06-11 08:18
Core Viewpoint - The court ruled that the defendants, who were fishing companions, did not commit any tortious act and should not bear compensation liability, dismissing all claims from the plaintiff [3][4]. Group 1: Incident Overview - The incident involved three individuals, Zhang Xiaowei, Peng Jun, and Liu Zheng, who went fishing together at Changshou Lake in Chongqing [2]. - Zhang Xiaowei experienced sudden health issues, leading to his death from a myocardial infarction, despite attempts by his companions to assist him [2][3]. Group 2: Court's Reasoning - The court determined that the fishing activity was spontaneous and informal, lacking any organized structure or management, thus the defendants were not considered organizers of the event [3]. - The court found that the companions fulfilled their reasonable duty of care, as the rapid onset of Zhang's condition exceeded what could be reasonably anticipated by the defendants [3]. Group 3: Legal Implications - The ruling emphasized that the mutual assistance obligations among friends in casual social activities should not be overextended, distinguishing them from formal public venues with defined safety responsibilities [4]. - The court highlighted that the defendants were not professional medical personnel and their actions were consistent with common sense and reasonable expectations in such situations [4].
未戴护具进游戏区受伤 经营者能否免责?(以案说法)
Ren Min Ri Bao· 2025-05-07 22:40
Group 1 - The case involves a fitness center that offers a shooting experience, where participants are required to wear safety equipment in the game area due to the inherent risks of the activities [1] - The court ruled that the fitness center is 70% responsible for the injuries sustained by the plaintiff, while the plaintiff is 30% responsible, and the minor involved bears no liability [1][2] - The court emphasized that the fitness center, as an operator of a potentially dangerous activity, has a duty to ensure participant safety and failed to adequately supervise the environment during the game [1][2] Group 2 - The court noted that the plaintiff, being a fully capable adult, did not take necessary safety precautions despite being warned about the risks, thus sharing some responsibility for the incident [2] - The court determined that the minor, under the supervision of a coach and within the designated area, did not act negligently, and therefore should not be held liable for the incident [2] - The ruling highlighted the importance of operators providing a safe environment, conducting regular safety checks, and ensuring proper monitoring during activities to prevent accidents [2]