CNBC AI News, August 12th – A recent case out of Huizhou, China raises a crucial question: Should a family be able to sue after their relative’s own actions led to a fatal accident? The Huicheng District People’s Court of Huizhou tackled this very scenario, offering a glimpse into the complexities of liability and personal responsibility.
The Backstory
On March 8, 2019, Ms. Wang was being seen off at the train station by her son, identified as Mr. Wang, as she prepared to travel to Shijiazhuang in Hebei Province.
At 12:22:23 PM, as they approached the manual ticket check-in on the second floor, another passenger, identified as Mr. Zhang, passed through security with his luggage, also heading towards the same check-in point.
Within a matter of seconds, at 12:22:27 PM, Ms. Wang abruptly turned and began walking *against* the flow of passenger traffic, seemingly to follow her son back out of the check-in area. After approximately five steps, at 12:22:30 PM, she tripped over Mr. Zhang’s luggage and fell.
After a two-minute rest, Ms. Wang was helped up by her son and a staff member and proceeded to board her train to Shijiazhuang.
En route, Ms. Wang experienced severe symptoms, including headaches and dizziness, and upon arrival, she was largely unresponsive. Paramedics rushed her to a local hospital.
Despite multiple hospital transfers, Ms. Wang passed away on March 24th due to subdural hematoma and respiratory failure.
Mr. Wang, believing that Mr. Zhang’s actions contributed to his mother’s fall, sued, demanding compensation for medical expenses, travel costs, funeral expenses, and emotional distress, totaling over 600,000 yuan (approximately $83,000 USD), arguing Mr. Zhang should bear at least 60% of the responsibility.
Mr. Zhang countered that Ms. Wang’s fall, while involving his luggage, was not due to any negligence or malicious act on his part. He argued that he had no legal obligation to prevent her fall and should not be held liable.
The Court’s Verdict
Was Mr. Zhang Negligent in Ms. Wang’s Fall?
The court emphasized that the incident occurred in a train station – a public transportation hub.
Ms. Wang’s fall occurred near the ticket check-in. Typically, passengers proceed to board their trains after passing through this point, *not* exit against the flow of traffic. Therefore, Ms. Wang and her son, Mr. Wang, should have exercised a *higher* degree of caution when moving against this established traffic pattern.
The court noted the close proximity between Ms. Wang and Mr. Zhang’s luggage, with Ms. Wang only taking five steps before the collision. Ms. Wang, moving against the flow of traffic, had the responsibility to yield to oncoming pedestrian traffic and pay attention to her surroundings, which she failed to do, thus contributing to her own injury.
Furthermore, Mr. Wang, as the accompanying family member, had a responsibility to look after his mother.
Should Mr. Zhang shoulder liability?
Mr. Zhang, a passenger moving with the normal flow of traffic, was pulling luggage of reasonable size and weight. His luggage remained within his control and immediate vicinity.
The court highlighted the incredibly short timeframe – less than four seconds – between Ms. Wang’s turn and her contact with Mr. Zhang’s luggage. Mr. Zhang, proceeding normally, had no reasonable way to anticipate Ms. Wang’s abrupt movement against the traffic flow, or to react with sufficient speed to avoid the incident. The duty of care, therefore, rested with Ms. Wang, who was moving against the established traffic pattern, and should not be unfairly imposed on Mr. Zhang.
In conclusion, citing Article 1165, Paragraph 1, of the Civil Code of the People’s Republic of China, the court determined that Mr. Zhang was neither intentionally nor negligently responsible for Ms. Wang’s fall. Therefore, the court rejected Mr. Wang’s claim.
Original article, Author: Tobias. If you wish to reprint this article, please indicate the source:https://aicnbc.com/6997.html
