Was it an accident or intentional injury?The court awarded the claim of 48,000 yuan

2022-05-10 0 By

A 23-year-old man is suing a 15-year-old boy for more than 48,000 yuan after he suffered tooth loss and lip tears during an amateur basketball match, the Information Times reported.Should “self-acceptance of risk” apply to injury on basketball court?The boy felt some “injustice”, the boy was very angry.What’s the truth?Recently, huadu District Court made a first instance judgment on the case.Chen Gang (not his real name), 23, is a manager of a company in Guangzhou and a basketball player.At 8:30 PM on August 22 last year, Chen Gang, as the captain and members of team A, had an amateur basketball match with team B of 15-year-old Xiao Tian (pseudonym) in A village committee basketball court in Huadu District.By agreement, each side will have a referee, and the two teams will adopt joint defense tactics (players will defend in a fixed range according to their team roles).The court found that the first section of the game, Chen Gang did not play, small day has played in the game.In the process of the game, A team B because of A violation of the referee was sent to blow A technical foul, xiao Tian immediately showed dissatisfaction with the referee’s decision.In the second quarter of the game, Chen Gang participated in the game, just played about two minutes, A team A missed the ball, team B grabbed the rebound, to the midfield ready to counter attack.Most of the players on both teams (including Tian and Chen gang) were still in the same area where they were fighting for the rebound.At this point, Xiao Tian was still facing the basket with his back to Chen Gang when he was fighting for the rebound. When the ball was about to reach the middle of the court, Xiao Tian suddenly jumped from the aforementioned position and turned around, and hit Chen Gang’s lips without moving and jumping with his left hand clenched fist, resulting in Chen Gang’s injury.Later, Chen gang went to a dental clinic several times for treatment.Chen gang said that after being hit, he hid his face due to severe pain, bleeding from his upper lip, and one tooth in his upper jaw became loose and dislocated, and one tooth completely fell out.Instead of apologizing for his injury, Xiao Tian jokingly teased him about how his teeth hurt the back of his hand, along with other mocking remarks.Chen gang said he tried to remain restrained because of his position as team leader, but he didn’t say much because his mouth was swollen and painful, and went straight to the bench to rest.In the subsequent game, small day in the third quarter of the collision A team another player, caused its upper lip broken skin.In the course of treatment, Chen Gang communicated with Xiao Tian’s father through wechat due to the high cost of treatment, but the other party “refused to confirm or deny”, believing that the accident was a reasonable risk of basketball confrontation according to the laws and regulations of self-examination, and therefore refused to communicate with him without assuming any responsibility.Chen said he later reported the case to the police station, hoping to receive compensation, but the other party still insisted there was no need for compensation, and the two sides parted in acrimonious terms.”Xiao Tian is about 178cm tall and weighs 130-140kg. There is no obvious body shape difference with the plaintiff, and there is no difference with the mind of adults. If it were not for the purpose of anger, it would not have caused such a serious injury.”Chen gang was so angry that he sued xiao Tian and his father for more than 48,000 yuan.Hope to pass the court’s decision, “he said, everyone’s code of conduct in the laws and regulations, especially lead minors to establish the correct values and code of conduct, in order to in all kinds of sports in the future, everyone can consciously in reasonable against others but also protect themselves, to shape positive, harmonious, friendly, competitive, more protection of sportsmanship.”Refuting xiaotian father and son said “deliberately hit” is slander xiaotian father and son said, Xiaotian did not have intentional, gross negligence and fault behavior, do not need to bear the liability of tort compensation to Chen Gang.Chen Gang’s injury was caused by an accidental collision in the course of basketball competition, which belongs to the category of accidental accidents.”Xiao Tian and Chen Gang don’t know each other and never talk to each other. They only met at a friendly basketball match.At that time little genius 15 years old, is a junior high school, is a minor;Chen Gang is over 23 years old, 8 years older than Xiao Tian. He is an adult. As the captain of team A, Chen Gang should have A good understanding of the intensity and danger of basketball matches, as well as predict the possibility of collisions and accidental injuries, and be willing to take the risk to participate in the matches.”Xiao Tian and his son believe that if Chen gang had kept a safe distance from the players and realized the danger of confrontation, he should have kept a certain distance from the players who jumped for the ball, then the accident would not have happened.The defense opinion said xiaotian’s father had communicated with Chen Gang on behalf of his son to compensate for medical expenses, but the other party demanded to bear all the costs, and the two sides failed to reach an agreement.”Plaintiffs’ smear ‘the little day, and smote him intentionally fisting so as to take full responsibility imputation kula-l maxima malin, completely without fault in a small day and lack of anticipation will impact to the plaintiff’s case, requires the defendant to assume liability to pay compensation, it’s not conform to the spirit of sports, doesn’t conform to the principle of fair, for a minor, also is very unfair.”Trial witness said small day “sitting on the sidelines laughing” Chen Gang’s injury in the end is an accident collision or small day deliberately?In the trial, Chen Gang applied for a witness to appear.”I was his teammate and referee in the second quarter.I was in the backcourt, the defendant was in the front court, AND I saw Xiao Tian jump up and hit Chen Gang. I think Xiao Tian meant to hit Chen Gang.I saw Chen Gang was injured, so I went to see what happened.I also saw Xiao Tian sitting on the sidelines laughing, instead of immediately comforting the plaintiff.””Said Xiao Cheng (pseudonym), who was born in 2004.”I was going for a rebound,” said Li Fang (pseudonym), one of Chen’s teammates and born in 1997. “I turned around and saw Tian’s fist hit Chen. Chen covered his mouth and there was a lot of blood.The court holds that article 1,165 of the Civil Code of the People’s Republic of China stipulates that an actor who infringes upon the civil rights and interests of others due to his fault shall bear tort liability.Where an actor is presumed to be at fault in accordance with the law and cannot prove that he is not at fault, he shall bear tort liability.According to Article 1176 of the Civil Code of the People’s Republic of China, if a participant participates in a cultural and sports activity with a certain risk voluntarily and suffers damage due to the behavior of other participants, the victim shall not request other participants to bear tort liability;However, any other participant who intentionally or grossly negligently caused the damage shall be excluded.The responsibilities of the event organizers shall be governed by the provisions of Articles 1,198 to 1,201 of this Law.In this case, Chen Gang and Xiao Tian volunteered to participate in an amateur basketball game jointly organized by both parties. During the basketball game, Xiao Tian hit Chen Gang in the lip with his fist, causing Chen Gang to be injured, namely, causing Chen Gang to lose a tooth and tear his lip.The focus of this case is whether Xiaotian’s behavior constitutes intentional infringement.The fact that Xiao Tian deliberately turned back to hit Chen Gang has been proved by the testimony of witnesses Xiao Cheng (the referee of the match on the spot) and Li Fang;Small day in Chen Gang after the injury showed indifferent attitude and laughing at the side, and has not comforted Chen Gang and apologize;Small day in the follow-up game again injured the other team;The two sides did not fight for the basketball in the game, according to common sense, the two sides will not have a violent collision, at this time, the basketball has been passed to the midfield, small day jumped back to hit Chen Gang’s behavior is not reasonable, small day to its behavior has not made a reasonable explanation;Xiaotian also did not provide corresponding evidence to prove that its behavior belongs to an accident.Therefore, combining the facts of the case and the comparison of the evidential force of the original defendant, the court held that the fact that the defendant Xiao Tian intentionally hurt Chen Gang was clear and the evidence was sufficient.According to the above law, Chen Gang, as a person with full capacity for civil conduct, should be able to foresee certain risks of sports activities and bear the risks and consequences of such sports activities by himself. However, as Xiao Tian intentionally hit Chen Gang with his fist, causing Chen Gang’s injury, Therefore, Xiao Tian should be liable for Chen Gang’s damages.Article 1,188 of the Civil Code of the People’s Republic of China stipulates that if a person without or with limited capacity for civil conduct causes damage to others, his guardian shall bear tort liability.If a guardian fulfils his duty of guardianship, his tort liability may be reduced.Where a person without or with limited capacity for civil conduct who has property causes damage to another person, compensation expenses shall be paid out of his own property;Any deficiency shall be compensated by the guardian.Xiao Tian is a person with limited capacity for civil conduct, and has not found that he has property to compensate, so the loss caused by his tort should be borne by his legal guardian.The court recently ruled that xiao Tian’s father paid more than 39,000 yuan in compensation for Chen Gang’s medical expenses, loss of work time and emotional compensation.Source: Ynet