How can the law protect good deeds when one is injured by acts of bravery and righteousness?
2025-04-11
Seeing the elderly man in his sixties about to fall, the man immediately stepped forward to protect him but accidentally injured his leg. Bravery is worthy of praise, but if one is injured due to such bravery, who should bear the losses? The Shanghai Railway Transport Court has tried such a case. One day in December 2023, Mr. Chai was riding on an escalator in the subway when he noticed that an elderly man in his sixties was about to fall. He stepped forward to protect the elderly man, resulting in an injury to his leg. Mr. Chai bore all the medical and rehabilitation costs on his own. Afterwards, when the relevant departments planned to issue Mr. Chai with a certificate of honor for acts of bravery and righteousness to confirm the rescue situation with the elderly, he was refused by the elderly. Mr. Chai angrily sued the elderly person to the court. How can the court resolve the dispute? There was a sudden "click" when he tried to claim compensation for his injury in a brave act of righteousness. Although the sound was not loud, the pain spread from his leg in an instant. At the moment he supported the old man, Mr. Chai felt that his leg must have been injured. A few seconds ago, Mr. Chai, who was standing on the escalator on the subway, suddenly saw an old lady standing in front of him with unstable hands, about to fall. The situation was very urgent, and Mr. Chai didn't have time to think too much. He immediately stepped forward to help. I pressed my left leg against her and kept moving my right leg backwards to prevent myself from falling, "Mr. Chai recalled afterwards. Due to Mr. Chai's timely assistance, Aunt Gu, who was helped, was not injured. However, Mr. Chai fell to the ground due to excessive impact and went to the hospital after working for half a day due to unbearable pain. After examination, Mr. Chai suffered a torn fracture of the anterior outer edge of his left calcaneus and degenerative changes in his left foot and ankle. The doctor's order requires the brace to be fixed and rested for two weeks, followed by a follow-up examination. During the treatment process, Mr. Chai took sick leave multiple times, incurred medical expenses of over 4000 yuan, and purchased medical equipment such as crutches and walking boots. Afterwards, Mr. Chai's act of bravery and righteousness received attention, and the Propaganda Department of the Putuo District Committee of Shanghai plans to award him an honorary certificate of bravery and righteousness. According to the procedure, Aunt Gu, who needed to be rescued, confirmed the rescue situation, but unexpectedly refused. Offering a helping hand to others, but the other party remains silent, which makes Mr. Chai feel cold. So Mr. Chai sued Aunt Gu to the Supreme Court, demanding that Aunt Gu compensate for her medical expenses, transportation expenses, medical aid expenses, nutrition expenses, nursing expenses, etc. Judge Zheng Gang from the Civil Trial Division of the Shanghai Railway Court accepted this case. After receiving the case file, Zheng Gang immediately sorted out the evidence submitted by the plaintiff and had a phone conversation with both parties involved. With a deeper understanding of the case, Zheng Gang made a preliminary assessment of the possible points of dispute between the two parties. In Zheng Gang's view, the main focus of the dispute in this case is whether the actions of the plaintiff Mr. Chai constitute acts of bravery and righteousness, and how much compensation the rescued person should receive. During the trial, the plaintiff Mr. Chai stated the facts and reasons on which the lawsuit was based. He believed that this case falls under the statutory compensation situation stipulated in Article 183 of the Civil Code, and the defendant Aunt Gu should compensate for her actual losses. He also provided evidence for each of the losses she claimed. The defendant Aunt Gu acknowledged Mr. Chai's rescue actions in court, but believed that Mr. Chai's situation did not fall under the statutory compensation category and was only willing to voluntarily compensate him 2000 yuan. Faced with the differences between the two sides, Zheng Gang repeatedly checked various evidence materials and finally confirmed that Mr. Chai's rescue of the defendant Aunt Gu was true. The self damage caused by Mr. Chai's rescue of Aunt Gu exists, and the corresponding expenses are objectively incurred. According to the relevant provisions of the Civil Code, Aunt Gu, as the beneficiary, should provide appropriate compensation for the losses suffered by Mr. Chai due to the implementation of rescue actions. Starting from legal provisions and combining typical cases, Zheng Gang explained and analyzed the two parties. However, regarding the amount of compensation, as compensation liability is not compensation liability, it needs to be determined based on the actual situation of the plaintiff Mr. Chai's injury, rescue actions, and the role played. Finally, after determining Mr. Chai's actual losses in accordance with the law, the court ruled that Aunt Gu should compensate Mr. Chai 7000 yuan. After the verdict, Aunt Gu paid the compensation. In February 2025, Zheng Gang visited Mr. Chai again to inquire about his current situation, as judicial guarantees provide support for good people. Mr. Chai said that his leg has almost recovered after three rehabilitation treatments, and there are no major issues with work and life. The only regret is that due to this injury, as a former marathon enthusiast, I can no longer run marathons. But he doesn't regret it, 'Acting bravely and helping each other are traditional virtues of the Chinese nation, and I will still make such a choice again.'. It is gratifying that my appeal has received legal support Mr. Chai added, "In the future, we will have a solid backing to do good deeds again." "Every rescuer is a hero who can lend a helping hand when others face danger," Zheng Gang told reporters. In Mr. Chai's view, every fair judgment is a shield built by the rule of law society for virtue, and it also makes "whether to support" no longer a difficult question of conscience. (New Society)
Edit:He Chuanning Responsible editor:Su Suiyue
Source:人民法院报
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