Two men in Hunan province threw their friends out of the window, causing grade 10 disability. Who should be responsible for this?

Three friends got together to travel, and two men joked and threw their good friends out of the balcony. The conclusion was that the guardrail was broken! Who will bear the responsibility when a good friend falls out of the tenth grade disability? Recently, the People's Court of Ningxiang City, Hunan Province tried such a dispute over the rights of personality, body and health.

In March, 2020, Wenmou, Wangmou, He Mou and a third person, Wang Moumou, traveled to Zhangjiajie during their trip, and four of them stayed in a resort. On the afternoon of the 6th, He was chatting with Wen and Wang on the balcony of Wang's home in the resort (about 9 meters from the ground). During the period, the three of them joked that they would throw He Mou off the balcony, and He Mou hit back at will. "You have the guts to throw me down and try", and then He sat in an idle chair on the balcony.

During the joke, Wenmou and Wang held chairs in tandem and reached out to the balcony fence, pretending to fall out. The balcony fence was broken by the impact, and Wang and he rolled into the street below the house.

After the casualty accident, he was sent to Zhangjiajie People's Hospital for 4 days, which cost nearly 5,000 yuan and was paid by the resort. On March 10, he recovered and was transferred to the Third Xiangya Hospital of Central South University for treatment. After 25 days in hospital, the treatment cost more than 80,000 yuan. Among them, why did the resort pay more than 20,000 yuan for medical expenses?

After identification, the mouth opening left by the operation of He Mandibular Cleft was limited by 65438 0 degrees, which constituted a grade 10 disability. Fracture of the left tibial plateau, avulsion of the posterior cruciate ligament of the left kneecap, functional problems of the left kneecap, constitute a grade 10 disability.

He Mou sued Wen Mou, Wang Mou and the resort to Ningxiang People's Court, demanding compensation for losses. Approved by the court, He's medical expenses, accompanying expenses, disability compensation and other damages totaled * * * 2 1. 1 ten thousand yuan.

If two or more persons jointly commit tort liability and cause damage to others, they shall bear legal liability. Wen and Wang carried He to the balcony fence in a joking way. Although subjectively, they did not intentionally cause He to suffer damage, objectively, they caused He to fall from the balcony and become disabled, which is directly related to what they did. Wen and Wang, as full civil actors, should foresee and prevent their harmful consequences. Subjectively, it is stubborn and conniving at the fault caused by his personal behavior, and bears legal responsibility for solving the harmful conclusion. Considering their fault degree and behavior comprehensively, Wen and Wang, as direct participants in tort liability, should bear the main obligations of the accident, and the court ruled in the first instance that they should each bear the obligation of 30% of the safety accidents.

Article 1 198 of the General Principles of Civil Law of People's Republic of China (PRC) requires: "Operators, managers or planners of collective sports activities in hotels, large shopping malls, financial institutions, subway stations, airports, sports venues, leisure and entertainment clubs and other business places shall be liable for compensation if they fail to fulfill their safety care obligations and cause injuries to others. If the behavior of a third person causes damage to others, the third person shall be liable for compensation; If the operator, manager or planner fails to fulfill the responsibility of safety precautions, he shall bear corresponding supplementary responsibilities. "

In this case, after on-site investigation, the balcony of the casualty accident is close to the road 10 meter, and the only protective measure for the balcony is the wooden guardrail. Although the resort has hired full-time staff to maintain the guardrail regularly, as profitable hotel management service personnel, they should take a higher level of security responsibility than ordinary public managers to ensure that there will be no security risks in the hotel restaurant and ensure the personal safety and capital safety of the traders in the hotel restaurant. At the same time, according to the General Principles for the Design of Civil Buildings, "the railing height of the upper roof and the open central hall of engineering buildings such as transportation, commercial services, hotels, hospital clinics, colleges and universities should not be less than 1.2m". The resort explained that the height of the balcony railing of the person involved was 1.04m, which did not meet the national industry standards and had potential safety hazards. Therefore, the court held that the resort should bear the corresponding supplementary liability within the scope of safety precautions, and the first instance ruled that it should bear 20% supplementary liability for all kinds of damages.

In this case, as a thorough folk actor, he has very daily social experience. He should have a reasonable cognitive ability about the risk factors of being thrown out of a balcony nearly ten meters high by others. He should realize that playing on the balcony is very prone to accidents, and he should pay great attention to his own safety to prevent accidents. In this case, He not only failed to dissuade Wen and Wang from reaching out and throwing them out, but also failed to establish a refusal. He also used words such as "throw me down and try" to stimulate and obey the playful personal behavior of Wen and Wang, which led to the closure of the case. Any negligence in his own harm can reduce the obligations of the infringer, and the court fully considers the obligation to reduce the judgment of first instance, accounting for 20%.

As a result, Ningxiang People's Court ruled that Wenmou and Wangmou each bear 30% of He's damage; The resort accepted his award of 20% loss. He Mou, Wen Mou, Wang Mou and the resort refused to accept the ruling and sued Changsha Intermediate People's Court. After examination, Changsha Intermediate People's Court made a ruling to maintain the proportion of first-instance obligations.

Moderate jokes can promote feelings, but there must be a "degree" in everything, even joking. Therefore, when joking, we need to grasp the appropriate limits, pay attention to politeness, and avoid joking too much and becoming a special tool to hurt others. Laws and regulations have no "immunity" for joking. Too much banter hurts people, which not only damages the feelings between good friends, but also causes the infringer to "pay the bill" for banter and bear the corresponding legal basis.