The old man picked up discarded empty bottles and fell down and struggled for 6 hours without anyone to help him. Should we help the old man who fell to the ground?

In the green belt on the roadside of Baisha Avenue in Nanning, Guangxi, an old man walked into the lawn and picked up discarded beverage bottles on the ground. Suddenly he stepped on something and fell to the ground. After struggling for 6 hours, he died from the sun because no one came to rescue him. Since the negotiations were fruitless, the old man's family took the four units involved in the case to court.

Basic facts of the case:

The weather in the south was extremely hot. An old man on Baisha Avenue in Nanning, Guangxi was trying to pick up an empty mineral water bottle discarded in the green belt. He accidentally fell and struggled. I tried to get up several times without success.

So, he kept shaking the fan in his hand to try to attract the attention of passers-by. Later, two pedestrians parked on the roadside came over. The first one had already seen the old man and ignored him and walked away. The second one came forward. After looking at it, he walked away.

The old man kept shaking the branches and gradually stopped struggling. Later, the security guard found out and called the police and called 120. Unfortunately, with the surface temperature above 35 degrees and six hours of exposure, the old man eventually died.

Afterwards, the elderly family members took four units to court. The reasons for the lawsuit are as follows:

1. The elderly fell down in a high temperature of 35 degrees. The employees of the 4S store nearby came to inquire, but There was no stop or call to the police, so the 4S store must be responsible and compensate. Therefore, the family took two nearby 4S stores to court, as well as the head office of one of them.

2. If the green belt management company failed to do a good job in warning and repair work, it must be responsible and compensated.

3. The total amount of compensation requested is 200,000.

The court rejected all the plaintiff’s claims and the defendant was not responsible.

This case is an actual case, the plot is different, additions and deletions have been made, and it is only for legal discussion.

Why did the court rule that the plaintiff was not liable?

According to Article 24 of the Tort Liability Law, if neither the victim nor the perpetrator is at fault for the damage, the losses can be shared between the two parties based on the actual situation.

In the above case, the danger to the elderly was not caused by the pedestrian parking on the roadside, so the pedestrian had no obligation to rescue. Article 6 of the Tort Liability Law: An actor who infringes upon the civil rights and interests of others due to fault shall bear tort liability. In the same way, the two 4S stores also have no obligation to rescue.

According to legal provisions, it is presumed that the actor is at fault. If the actor cannot prove that he is not at fault, he shall bear tort liability. Article 7 If an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that he should bear tort liability, such provisions shall apply.

Article 91 of the "Tort Liability Law" who digs pits, repairs and installs underground facilities, etc. in public places or roads, without setting up obvious signs or taking safety measures and causing damage to others, the builder shall Should bear infringement liability.

In the above case, the place where the old man fell was the green belt, not digging holes, repairing and installing underground facilities in public places or roads. Judging from the experience of the old man's fall, it is difficult to find boundary stones to divide the green belt. Pedestrians entering the green belt and stepping on the lawn are not allowed, so it is difficult to find any fault on the part of the property owner of the green belt.