For a period of time, the "muddled" practices such as "who makes trouble is justified", "who is arbitrary is justified", "who is injured is justified", have led to the innocent "honest people" taking the blame, causing the public to fall into the dilemma of "can't save" and "can't help", and also affecting the construction of social moral system and value system. Recently, the People's Court of Huishan District, Wuxi City, Jiangsu Province, concluded a case of tort liability caused by sudden death of passengers by taking an online taxi. The court held that the driver of the online taxi had performed his duty to rescue the passengers who died suddenly, and there was no fault for the death of the passengers, so he did not need to bear the liability for tort or breach of contract. This judgment declares that it highlights the clear attitude of judicial protection of benevolent acts, and is conducive to promoting the core socialist values of helping others, distinguishing right from wrong, and being honest and friendly. At about 7:00 on November 22, 2021, Ms. Zhou booked an online car appointment for her father Zhou (71 years old) through the online car appointment app of a travel technology company in Beijing. At about 7:10, Lao Zhou got on the bus and chatted with the driver Chen Mou for a while. At 7:12 and 50 seconds, Lao Zhou began to snore (there was no call for help later). At 7:13:25, the driver Chen Mou turned around and found that Lao Zhou was still snoring and his arm was cramped. At 7:14:33, when the driver turned his head again, Lao Zhou leaned his head on the back of the passenger seat and no longer snored. At 7:15:12, Chen stopped and called Ms. Zhou to tell her that her father seemed to be asleep in the car, snored just now, and was accompanied by cramps, and asked her about her physical condition. Ms. Zhou replied that her father was in good health. She got up early today and might have fallen asleep, and asked Mr. Chen to shout "Old Zhou". Later, Chen patted Lao Zhou's left arm and shouted "Lao Zhou". Lao Zhou didn't respond. Ms. Zhou asked Mr. Chen to send Old Zhou to the People's Hospital of Huishan District, Wuxi City as soon as possible and call 120 for emergency treatment. Chen immediately dialed the 120 emergency telephone number, and drove fast with the whistle and arrived at the hospital at 7:25:50. After more than 80 minutes of rescue in the hospital, Lao Zhou was declared clinically dead by the hospital at 8:54. The cause of death was sudden cardiac death. How to divide the liability for death compensation between the passenger's family and the driver. Ms. Zhou believed that her father suffered a sudden illness while taking the car driven by Chen, but Chen did not pay attention to it and did not take any treatment measures. Finally, the delay in treatment led to his father's death, so Chen should bear 50% of the liability for his father's death. A Beijing Travel Technology Co., Ltd., as an online ride-hailing platform company, undertakes the responsibility of the carrier, should ensure the safety of operation and protect the legitimate rights and interests of passengers, and should be jointly and severally liable for Chen's liability for compensation due to its failure to fulfill the relevant obligations. During the trial of the case, Chen Mou, an online taxi driver, argued that the cause of death of Ms. Zhou's father was sudden cardiac death, which was caused by her own disease, and that she had fulfilled the corresponding relief obligations, and requested that the plaintiff's claim be dismissed. The online car rental platform company argued that Ms. Zhou's father's death was caused by her own disease, and the online car rental company had no fault and should not be liable for compensation. Chen Mou passed the examination after finding that Ms. Zhou's father was abnormal
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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