Who is responsible for the harm caused to those who try to persuade others to fight?

2024-12-12

When seeing others arguing, many people's first reaction is to step forward to dissuade and calm the situation. But who should bear the losses caused by being accidentally injured by the person arguing during the persuasion process? [Case Review] Zhao and Li were once in a romantic relationship. One day, the two had a dispute, during which Li Moumiao repeatedly beat Zhao Moumou. Li Moumiao's cousin Li Mouxin intervened to prevent the escalation of the conflict between the two, but during the persuasion process, Zhao accidentally pushed Li Mouxin down, causing him to be injured. Li filed a new lawsuit to the court, demanding that Zhao compensate him for all his losses. After trial, the court found that if the perpetrator caused damage to the civil rights and interests of others due to their fault, they should bear the liability for infringement. The defendant Zhao accidentally injured the plaintiff Li while pulling the frame, and shall be liable for compensation for the losses suffered by the plaintiff Li; The losses suffered by the plaintiff Li Xin were caused by the conflict between the outsider Li Miao and the defendant Zhao, therefore Li Miao should also bear corresponding compensation responsibility for the losses suffered by the plaintiff Li Xin. The plaintiff, Li Mouxin, voluntarily waives the demand that the third party, Li Moumiao, bear the liability for compensation. In the end, the court ordered the defendant Zhao to compensate the plaintiff Li for related losses of more than 1200 yuan according to a 45% liability ratio. The court believes that well intentioned persuasion is a legitimate act to maintain social public order, reflecting the values of harmony, friendship, and mutual assistance among members of society, promoting the traditional virtues of the Chinese nation, and should be advocated by law and morality. If the person arguing or the initiator of the dispute is at fault, they shall be liable for compensating the reasonable losses of the person persuading the dispute. The judge reminds that in daily life, one should pay attention to controlling their emotions, resolve conflicts in a gentle and reasonable way, and avoid intense disputes that may harm oneself and others. At the same time, as an advocate, while trying to dissuade disputes with good intentions, one must also pay attention to protecting their personal and property safety. (New Society)

Edit:Rina    Responsible editor:Lily

Source:people.net

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