Children chase and injure the elderly Parents are responsible for compensating more than 100,000 yuan

Hunan Court Network News Minors playing and hitting pedestrians caused by tort accidents should bear the liability for compensation, but minors do not have the ability to compensate, how to determine the subject of compensation liability? Recently, the Guiyang County People's Court tried such an infringement case, and the court ruled that the parents of minors should bear the liability for compensation in accordance with the law.

On July 3, 2019, two 11-year-old children chased and fought on the street, and one of them knocked down an 84-year-old who was walking in the street. Yin spent a total of more than 60,000 yuan on medical expenses for hospitalization. Later, because Grandma Yin's claim was unsuccessful, the two children and their parents were subsequently sued in court.

The court held that there was no fault for Grandma Yin's normal walking on the road and she was knocked down and injured by others, and there was no fault in this, and the two children chasing and fighting each other was the direct cause of Grandma Yin's personal injury, so the two children should bear joint and several liability for the consequences of Grandma Yin's damage. Since both children are minors, that is, persons with limited capacity for civil conduct, neither of them has the ability to pay compensation from their own property, but the parents of the two children, as the guardians of the children, should bear the liability for tort compensation. Based on this, the court ordered the parents of the two children to compensate Grandma Yin for various losses totaling more than 100,000 yuan. Both parties have served the judgment and the judgment in this case has now taken legal effect.

Judge's remarks: Article 1188 of the Civil Code of the People's Republic of China stipulates: "Where a person without capacity for civil conduct or a person with limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability." Where guardians fulfill their guardianship duties, their tort liability may be mitigated. Where a person without capacity for civil conduct or a person with limited capacity for civil conduct who has property causes damage to others, he shall pay compensation expenses from his own property; the insufficient part shall be compensated by the guardian. "Where a minor causes bodily harm to another person, his guardian shall bear the liability for compensation, and the guardian shall not be at fault as a requirement. The judge hereby reminds parents to do their guardianship duties, not only to help minors under guardianship eliminate the risk factors they face in their daily lives and protect their personal and property safety, but also to strengthen the safety education of minors and enhance their safety awareness, so that they can protect their own safety while avoiding putting others in danger.