In the hearts of many new parents
Breastfeeding is naturally a top priority
Breastfeeding mothers are even more cautious
But sometimes surprises are hard to avoid
Recently, the Jiangning District People's Court of Nanjing, Jiangsu Province decided a case. Ms. Wang had a traffic accident while breastfeeding, and when claiming the loss caused by the traffic accident, she proposed a "milk powder fee"!
Is this milk powder fee reasonable?
Will the court support it?
In July 2020, Ms. Wang gave birth to a son who has been breastfeeding ever since. However, 6 months later, Ms. Wang, who was still breastfeeding, collided with the car driven by Li on an electric car.
Liu Xiu, vice president of the Binjiang Court of Jiangning District People's Court, said that the car accident caused Wang to suffer multiple fractures and joint ligaments injuries in his right ankle and finally Wang was hospitalized for 30 days. The traffic police department determined that Li bore full responsibility for the accident, and Ms. Wang was not responsible.
Ms. Wang needed to be hospitalized after a traffic accident, and because of medication, she could no longer breastfeed and had to buy milk powder to feed her son.
Later, because there was no agreement with Li on the issue of compensation, Ms. Wang sued the court, demanding that Li bear a total of more than 180,000 yuan, including medical expenses, nursing expenses, disability compensation, and milk powder expenses.
Vice President Liu Xiu said that the cost of milk powder is not expressly stipulated in the law as a compensation item. However, where the infringer infringes on the personal rights of others and causes losses, he shall bear the corresponding compensation liability.
In this case, Wang was objectively unable to breastfeed due to his injuries and treatment, resulting in the cost of milk powder, which is indeed a situation where the traffic accident caused actual losses to Wang's personal rights.
In the end, the court found that the additional "milk powder money" that Ms. Wang had to give up breastfeeding due to the traffic accident was borne by the defendant, and the discretionary expenses were 6,000 yuan according to the length of breastfeeding and the price of milk powder, and at the same time ordered the defendant to bear other losses caused by the traffic accident of more than 100,000 yuan.
The judge said that if a woman who needs to breastfeed has a similar accident, she must keep relevant evidence, such as the medical order certificate issued by the hospital and the invoice for the purchase of milk powder during treatment, so as to help her protect her rights in the future.
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Source: Shanghai News Broadcast