Xiao Liang invited Da Liu to break his wrist, but in the process of breaking his wrist, Da Liu was injured, and it was identified that the right elbow joint was dysfunctional, which was a grade 10 disability. The two failed to reach an agreement on compensation, and Da Liu sued the court for compensation. Should Xiaoliang be liable for compensation?
- The two of them broke their wrists at a risk, and Xiaoliang did not need to bear the liability for compensation.
Article 1176 of the Civil Code: Where voluntary participation in cultural and sports activities with a certain degree of risk suffers damage due to the conduct of other participants, the victim must not request that the other participants bear responsibility;
Wrist wrestling is a kind of sports that competes for arm strength and wrist strength, both parties participate voluntarily, and the sudden force in a stalemate is a common behavior of the sport, which is in line with the general characteristics of competitive sports, and it cannot be determined that Lao Li has intentional or gross negligence, and the exemption clause of self-willingness to risk is applicable, and Xiao Liang is not liable for the damage results of Da Liu.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
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