Sue common property

The old man fainted, and the security guard sent him to the hospital enthusiastically. Children sued property and security for 490,000 yuan. The court sentenced an old lady in Jiaxing, Zhejiang Province to suddenly faint to the ground. The security guard kindly escorted the doctor but was claimed 490,000 yuan by the old lady's family. The family's reason is that the security guard drove the old lady away, causing her to faint and die. What the hell is going on here?

In June 2020, a 70-year-old woman in Jiaxing sold corn in the community. Xiao Ye, as a security guard, needs to stop the behavior of setting up stalls at will in the community and maintain the normal order of the community. Soon after, the old lady suddenly fainted to the ground. Xiao Ye, the security guard, immediately called 120 to take the old man to the hospital. Unfortunately, he still failed to save the old lady.

Originally, it was a good thing to be brave, but the old lady's family believed that the old lady died because the security guard Xiao Ye did not let her sell corn in the community, and Xiao Ye was pushed to the hospital by the residents. They think there is a causal relationship between Xiao Ye and the old lady's death. After investigation, the court found that the security guard had never had physical contact with the old lady, and the old lady occupied the main road to sell corn, which easily caused traffic congestion. The security guard's stopping behavior was reasonable, so the application of the old lady and her family was rejected.

1, which was a good thing to be brave, turned out to be chilling. Fortunately, the imperial court was sharp-eyed and cleared the security lobules, otherwise who would dare to do good deeds in the future?

As we all know, the security of many communities is extremely irresponsible, but the security lobular in this case is extremely upright. It is really chilling to meet such a good security guard. The residents actually have no one to speak for the security guard and push the security guard into the fire pit. The old lady's family told the security guard. So many neighbors around saw what happened at that time. Why didn't they find out first? It is wrong to arbitrarily think that the old lady's death is related to safety.

2. Is the security guard Xiao Ye responsible for the old lady's death?

In this case, although Xiao Ye, the security guard, stopped the old lady from selling corn, it was only verbally stopped, and there was no physical contact. Then the security guard went to patrol until the old lady fainted to the ground and found and rescued. During the period, the security guard did not have physical contact with the old lady. As can be seen from the surveillance video, the old lady sells corn, occupying the only road in the community. If everyone is near there, it is easy to cause traffic jams. Therefore, it is reasonable for the security guard to stop the old lady from selling corn, and there is no fault.

The security guard called 120 as soon as he found the old lady fainted, and accompanied her to the hospital after 120 arrived, which has fulfilled the security guard's duty of rescue. Therefore, Bao does not have to bear any civil liability for the death of the old lady.

3. What should the security guard do when he rescues the old lady and causes her secondary injury?

According to the law, the rescuer is not responsible for the damage caused by his voluntary provision of emergency assistance to the injured. In other words, even if the security guard caused secondary damage to the old lady when rescuing the fainted old lady, he did not have to bear civil liability for compensation. This clause is to encourage ordinary people to be brave, so it can't make the security guards who do good things chilling. On the other hand, the security guards tried their best to help the old lady, but the old lady's children let her sell corn. Isn't it a pity that she fainted What do you think of this matter?