The boy picked up the diamond ring on the side of the road, but was thrown away by his parents as a toy, and the owner: compensation according to the price Lawyer: Parents need to bear the corresponding liability for compensation!
Picking up a discovery on the side of the road would have been a good thing. But recently, a three-year-old child picked up a diamond ring worth 30,000 yuan, but his parents threw it into the trash as a toy. The owner demanded compensation of 30,000 yuan according to the price, and the lawyer also thought that the compensation should be paid according to the price. This news frightened the parents of the children, and the intangible losses caused by the momentary negligence also ignited the discussion of the law. Who should bear the responsibility for compensation, and should the child's parents pay the 30,000 yuan?
The incident occurred on January 8, when Xiao Ming (pseudonym) was playing in the street and accidentally picked up a ring. The ring was sparkling, and Xiao Ming thought it was novel and interesting, and wanted to take it home as a toy. The parents regarded it as an ordinary jewelry, and they were worried that Xiao Ming would be injured if he swallowed it, so they threw away the ring.
It turned out that the ring was worth 30,000 yuan, and it was a diamond engagement ring that Ms. Li accidentally lost. Through surveillance, the police found that Xiao Ming picked it up, so they went to investigate and asked for it to be returned. At this time, Xiao Ming's parents knew the true value of the ring, but it had been thrown away and could not be recovered.
Ms. Li demanded compensation of $30,000 from Xiao Ming's parents for the price of the ring, arguing that they did not have the responsibility to properly keep the found items. You must know that Xiao Ming is only a three-year-old child, and Xiao Ming's parents think that it is just an ordinary toy, and it was also thrown away for the sake of the child's safety, and should not be liable for compensation. The parties disagreed on the issue of compensation.
So, what does the law say? The owner has the right to demand the recovery of the lost property, and the finder has the duty to keep it. According to article 312 of the Civil Code, the owner of the property has the right to recover the lost property; Article 316 also stipulates that the finder has the duty to keep it properly and shall bear civil liability if the lost property is damaged or lost due to intentional or gross negligence.
In other words, Xiao Ming's parents, as the finders, have the responsibility to keep the ring. Although they threw the ring away without knowing its true value, they were still legally negligent and were partially liable for damages.
However, Ms. Li, as the owner, also has the problem of negligence. According to the Civil Code, if the infringed party is also at fault for the occurrence of the damage, the liability of the infringer can be reduced. Therefore, Xiao Ming's parents do not have to bear the full amount of compensation.
In the end, after confirming the value of the ring, Xiao Ming's parents agreed to compensate within the range of 20,000 yuan. This is equivalent to taking on about 66% of the responsibility, which also shows a responsible attitude.
Seeing such a punishment, netizens couldn't sit still, and bluntly said that this judgment itself would be absurd, a diamond ring (true or false unknown) was picked up by a child, but it was discarded but the defendant had to compensate, how did this ring determine the authenticity of the ring?
Some netizens even bluntly said that this is not a crooked reason?
Some netizens said that if the child eats it by mistake, the owner can be held responsible.
It is often said that it is a virtue to collect gold. However, in the face of complex legal relationships, the division of responsibilities is not as simple as a sentence. When we behave in the world, we need to be prudent and responsible, no matter how big or small, not only to respect others, but also to safeguard our own interests. This seemingly trivial misunderstanding also taught us a lesson.
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Who should bear the responsibility for compensation? Should the child's parents pay the 30,000 yuan?