Family Life Knows Everything.

Chapter 361 Helping others get injured, can I get compensation

In March 2007, Hu Mingqiang went to Zhang’s sand dredger to play. At that time, Hu Mingqiang saw that weeds were stuck on the screen of the sand dredger that was working, which affected the sand pumping, so he turned over the protective railing of the screen and hit the screen with a hammer. The hammer got stuck in the screen and Hu was brought into the screen, resulting in a ruptured spleen and multiple fractures, costing more than 3 yuan in medical expenses, and was identified as a seventh-grade disability.After being discharged from the hospital, Hu found Zhang and asked him to pay the medical expenses, but Zhang believed that it was caused by Hu Mingqiang boarding the boat and beating the screen without permission. He was not responsible and refused to pay the medical expenses.Q: Is Hu Mingqiang's request too much?

According to the provisions of Article [-] of my country's "General Principles of Civil Law" on the principle of fairness, Hu Mingqiang can ask Zhang to make appropriate compensation for his injuries.Hu Mingqiang hit the screen with a hammer without Zhang's consent (this is very dangerous if the machine is not shut down), resulting in injury. Hu Mingqiang's behavior is obviously at fault, and he should bear the fault responsibility.Although Zhang was not at fault in this accident, Hu Mingqiang was injured for his benefit, that is, Hu Mingqiang was injured to make Zhang’s sand dredger work normally. The corresponding compensation is to bear part of the treatment costs, which is in line with the socialist moral norms stipulated by the law, and is also relatively fair and reasonable.The specific amount of compensation can be resolved through negotiation between the two parties. If the negotiation fails, they can sue in court.

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Personal injury refers to the violation of life, health and body.In criminal law, personal injury only refers to serious injury and minor injury, while in civil tort law it also includes mental damage caused by violation of the right to life, body and health.According to the "General Principles of Civil Law of the People's Republic of China", if a citizen legal person infringes on the property or person of another person due to fault, he shall bear civil liability.If there is no fault, but the law stipulates that civil liability shall be borne, civil liability shall also be borne.

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