A luzhou man asked people to “take a hand” hug fish accident, he was sentenced to take fish nearly 200,000 yuan

2022-05-17 0 By

A man in Luzhou asked someone to “hold” a fish while fishing, but the fish broke off the hook and ran away. The man who helped him get it was also injured in the eye.The two parties have a big difference on the division of responsibility, and finally hit the court.The plaintiff first, the defendant tang mou lives in the same village group, in February 2020, Tang mou fishing in the fish pond, the first then arrived at the fish pond, see Tang mou holding a fishing rod, the fish is hooked.Tang motioned for The first to take the fish, the first to use tang’s net to hold the fish, in the process of operation, the fish broke free from the hook and ran away, tang’s fishing line sink (lead drop) bounced back and hit the first, resulting in injuries to his left eye.First some classics cure defray medical treatment cost more than 30 thousand yuan, and classics appraisal constitutes 8 class disable.In the trial, the first claim and tang mou department of obligation to help the relationship, the first damage in help activities should be by tang mou assume all liability for compensation, so the court ordered tang mou to pay for personal damage caused by help the compensation costs of a total of more than 400,000 yuan.Tang mou believes that the first behavior belongs to temporary help, does not belong to the obligation to help, and the first loss is caused by their own improper operation, should be held responsible by their own.The Jiangyang Court held that helping refers to the act of providing labor services for others voluntarily and without compensation, which is a necessary condition for helping workers to provide labor services as opposed to paid labor services.Usually, the helper needs to be provided with certain working environment and corresponding working conditions by the helped worker, and accept the command of the helped worker, otherwise it should not constitute the helper legal relationship.In this case, after the tang catching a fish, a first forward to don a fish, will don a jointly by two people cooperate from fish ponds in the fish get ashore, from life experience, after the fisherman catch fish and do not necessarily need someone else help take fish from the hook to complete, and in this case both statements about 1.5 kg in the fish, even if one does not provide help first,It is entirely possible that Tang could have done the work alone.But in this case, both sides agree to take the fish for tang mou first, and the behavior of tang Mou with a copy net is a temporary help behavior, generally do not need to pay the corresponding labor remuneration, does not accord with the theoretical basis of unpaid help, so the first claim that both sides constitute a legal relationship of compulsory help will not be accepted.Some of the first behavior belongs to temporary help behavior, its in the process of hugging fish injury should be based on their own fault to assume the corresponding responsibility.As for both parties’ responsibility in the accident, first of all, fishing is an outdoor activity, and participation in this activity may cause certain risks. As fishermen, Mr. Xian and Mr. Tang should have a clear understanding.Secondly, tang mou in the fish hook by its control of the fishing rod, by two people together to fish out of the shore, although Tang mou and no subjective intention, but with the first mou with complete from the hook to take fish in the process of negligence caused by the accident, so Tang mou should bear liability for compensation.Finally, for the first, its close with the net to hold the fish, knowing that there are sharp parts on the hook of the fishing line, there is potential danger, negligence did not fulfill the duty of care, resulting in their own damage, for which the first also has certain responsibility.Comprehensive fault on both sides, jiangyang court that the first mou, Tang mou each assume 50% of the responsibility is appropriate, so the defendant tang mou compensation plaintiff first medical expenses, nursing expenses, loss of work, disability compensation and other losses a total of more than 190,000 yuan.After making the judgment, both parties accepted the judgment and did not appeal, and the dispute was successfully resolved.(Zhang Zhengjun, Liu Mi, Ren Yan, Xu Hongxia, Reporter of Chuanjiang Metropolis Daily, Liu Yan)