While preparing fruit, my friend jumped down from his window.
Mr. Chen, 25, and Fangfang, two years younger than himself, used to be colleagues and have always had a good relationship. Later, Mr. Chen changed jobs, but they still kept close contact. One day a year ago, Mr. Chen asked Fangfang to be a guest at home after work.
Fangfang came by invitation. Just when Mr. Chen went to the kitchen to prepare fruit, Fangfang, who was sitting in the living room, suddenly fell from the living room window to the fifth floor and died.
After the incident, the police investigated Fangfang's death and ruled out Mr. Chen's suspicion.
His friend's parents asked him to pay 300 thousand.
Fangfang's parents are heartbroken and can't accept the fact that their daughter died in someone else's house for no reason. They filed a civil lawsuit with the People's Court of Toutunhe District, Urumqi, Xinjiang Uygur Autonomous Region, demanding that Mr. Chen compensate Fangfang for nearly 300,000 yuan in death compensation and funeral expenses.
Fangfang's parents said that her daughter and Mr. Chen are boyfriend and girlfriend. Fangfang was mentally normal before her death, and it was impossible to commit suicide by jumping off a building for no reason. Mr. Chen should bear the corresponding responsibility.
Mr. Chen feels very embarrassed. He said that he and Fangfang were just former colleagues, not boyfriend and girlfriend. On the day of the incident, because the leader criticized Fangfang, she came home in a bad mood and enlightened a few words. I didn't expect her to jump off a building.
"During this period, I didn't commit any illegal acts against Fangfang, nor did I stimulate her with words, so I shouldn't be liable for compensation." Mr. Chen said.
After the trial, the court held that although Fangfang's death was not directly related to Mr. Chen, Mr. Chen should still bear 20% of the secondary responsibility and pay the death compensation and funeral expenses of the deceased's parents more than 80,000 yuan.
After the court's verdict, many people have questions: What is the basis of the court's verdict?
In this regard, the judge in charge of hearing the case explained that citizens' right to life and health is protected by law. In this case, Mr. Chen invited Fangfang to his home to chat. Fangfang didn't do anything unusual before she came. Mr. Chen knew that she was in a bad mood and should have given comfort and paid attention to Fangfang's abnormal behavior, but she didn't expect Fangfang to fall from her window and die. Mr. Chen should bear the responsibility.
As an adult, Fangfang should know the preciousness of life and the consequences of falling from the upstairs, but she could not rationally face the contradiction of life, which led to the serious consequences of her death. Therefore, Fangfang himself should bear the primary responsibility, and Mr. Chen should bear the secondary responsibility.
According to Article 6 of China's Tort Liability Law, if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. Based on the actual situation of the case, the court ruled that Mr. Chen was responsible for 20% of the damage caused by Fangfang's death.
The judge said that when you get along with others, you should also bear the duty of care. If the other party is found to be abnormal, preventive measures should be taken in time to avoid the tragedy, otherwise it will bear certain legal responsibilities.
God, what does this tell us? Be careful when making friends. It's best not to provoke minors.