Last year, a ridiculous news occurred in Fujian, last October 22 night, a man at home idle bored with the usual use of mobile phone games, but the luck is too bad, each match to the teammates are either dropped or poor strength, resulting in the man within four hours of a game of battle did not win. It didn't take long for chest tightness, dyspnea, chest tingling and other symptoms to begin, and went to the hospital to diagnose and found that the man was diagnosed with "spontaneous pneumothorax", which can be simply understood as rupture of lung tissue and visceral pleura, which is the proverbial "lung gas exploded". May I ask, from a legal point of view, should teammates be held responsible for the loss of men caused by their actions?
The general discussion here is whether to be responsible, and the answer in legal language is whether the teammate hangs up, whether the behavior of the poor level is an infringement in the sense of China's civil law, and if it constitutes an infringement, it is necessary to compensate the victim according to the fault of the perpetrator.
Article 1165 of the Civil Code [Principle of Fault Liability] Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.
First of all, the act of playing a game is not an illegal act in the legal sense, this kind of behavior is a kind of pastime, and the act is not illegal. Secondly, the level of teammates is too poor, and it does not violate the spirit of the law and legal principles, in other words, the level is too poor to determine the specific law violated. Moreover, is there a causal relationship between the poor level of teammates and the lungs being blown up? There are many kinds of causal relationships, ranging from causality in the broad sense to causality in the narrow sense.
If the causal relationship is followed in a broad sense, the strike surface is very broad. Because if a teammate had been determined to have a causal relationship, his mother would have been responsible for your injuries, because if his mother hadn't given birth to him, it wouldn't be where it is today. Therefore, this causal relationship should be that the behavior is the inevitable cause of the damage, and the damage is the inevitable result of the behavior. At this level, neither the hang-up nor the level is causal in tort liability law.
Finally, now playing games requires real-name authentication, most gamers are 18 years old, and 18 years old is a person with full capacity for civil conduct in our country. People with full capacity for civil conduct are required to be responsible for their own cognition and behavior, and this risk self-control theory is also recognized by most countries. Then a person over the age of 18 who has full civil capacity, because he has blown up his lungs by playing games, the damage caused by it can be controlled, and he has not controlled it, there is no so-called harmful behavior and causality, so he is not responsible for the payment of medical expenses.
Follow me and take you to learn more about the law.