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Skateboard hit by a car for the elderly parents of students eighty Pipan Pei
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Jun. 2010 the evening of 20 eight pm, and suffering from sixty hypertensive disorders and the usual wear Xijie Xiangyin county at the Riverside plaza walk. Unexpectedly, and skateboarding in the square with the car head-on collision of primary Xiaoming, Dai avoid Fell to less than his back, then was sent to hospital for treatment, the right femoral neck fracture was diagnosed. Zhang Xiao Ming's parents pay the cost of treatment and Pengmou 2,000 yuan, the plaintiff denied that his son Xiao Ming Daimou injury, refusing to bear the medical expenses Use. Daimou then taken to court and request compensation. Devoting law after the court ruling: Daimou loss due to damage of the total cost of 109,156.78 yuan, from the legal guardian Xiaoming Zhang, Pengmou common compensation 80,000 yuan, and the remaining 29,156.78 yuan by the wear A bear. 】 【Judges say Guardians of children causes damage to others shall bear civil liability shall be Zhouzhi An Xiangyin County People's Court judge, said Xiao Ming skateboarding car in the square not pay attention to the safety of others, bruises are walking Daimou, should bear the primary responsibility for the consequences of accidents. In addition, because Daimou sixty , People with high blood diseases for many years, the line of outdoor activities, ignoring their own safety and their families should have the fault duty of care, and the risk of hypertension treatment in the present case there is a certain impact of trauma, should be appropriate to reduce the defense Liability. Xiao Ming as the incident was under 10 years of age, no capacity for civil conduct system. Under the "General Principles of Civil Law" Article thirty-three provides: "no civil capacity or with limited civil lines The ability to cause harm to another person, his guardian shall bear civil liability. "Xiao-Ming civil liability consequences of the damage caused by Daimou should be the legal guardian, the defendant Zhang and Pengmou commitment. The defendant at the time for the Zhang and Peng Bao Child care responsibilities should be done to reduce civil liability defense, because not provide reliable and sufficient evidence that the law failed to obtain support.
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