Will the old man be helped when he falls?

I struggled for a long time about whether I could help the old man when he fell.

Prevent helping the elderly from being blackmailed

1. Old people are not in a hurry to get up when they fall. If possible, call the emergency doctor first, and then deal with it as soon as possible to avoid secondary injury.

When you see an old man fall, you must save him. Instead, carefully observe the situation of the elderly, call the emergency doctor first when conditions permit, and then carry out early treatment. According to the Technical Guide of Fall Intervention for the Elderly issued by the Ministry of Health, it is suggested that people should not rush to save themselves, but should deal with them according to different situations. If the old man is conscious, the rescuer should ask the old man about the fall and whether he has any memory of the fall process. If you can't remember, it may be syncope or cerebrovascular accident. You should immediately escort the elderly to the hospital or call the emergency number. And try to call for help to see if there are any medical professionals nearby.

2. Do a good job of obtaining evidence before the rescue, seek the help of a third party, and keep the relevant information of the rescuer or the third party as a witness.

Combined with the social reality, before rescuing the fallen elderly, we can refer to the "inversion of evidence" system that medical staff have to face and do a good job of obtaining evidence before treatment. When rescuing the fallen old man, you can seek the help of a third party, cooperate with the rescue, or seek the relevant information of a third party to keep as a witness. With complete information, the truth of the incident can be completely restored and the rescuer can get rid of the possibility of being falsely accused.

2011/month in Dazhou, Sichuan, in 2003, "three children helped the fallen old woman, but they were framed for compensation". Afterwards, the police said that three witnesses confirmed that the injured old woman Jiang Moumou fell by herself, not three children. His behavior belongs to extortion, and he decided to be punished by administrative detention for 7 days (because he has reached the age of 70, he decided not to execute it according to law).

3. In addition to witnesses, the rescue process should also be filmed and recorded, which can be used as evidence for future rights protection.

In addition to seeking witnesses, we should also keep physical evidence as much as possible. We can use mobile phones, digital cameras and other photographic equipment to take pictures and leave the scene intact. We can also video and record the rescue process and record the contact information of witnesses. Or you can pay attention to the scene of the incident and whether there are monitoring facilities such as cameras around, which can also be used as evidence for future rights protection. Only in this way, the rescuer will have no greater risk except lifting a finger himself. Because of the symmetry of information, the rescued person can't pass on the responsibility to the rescuer.

2065438+01August 26th, Nantong, Jiangsu Province, Yin Hongbin, the driver of the tourist bus, and Yu Weizhen, the flight attendant, helped an injured old lady. Afterwards, the driver was accused of being the "perpetrator". Fortunately, the vehicles driven by Yin Hongbin and Yu Weizhen were equipped with monitoring probes, and the whole rescue process was recorded before it was cleared.

4. Adhere to the litigation principle of "who advocates who gives evidence". Only by proving that the rescuer has indeed committed illegal acts can he be held accountable.

The principle of burden of proof of "who advocates and who gives evidence" stipulated in the current legal evidence rules. Therefore, once the rescuer is falsely accused, he should first adhere to the litigation principle of "whoever advocates gives evidence" and ask the person who extorts good people to give evidence himself. In the case that the truth cannot be ascertained and both parties cannot prove that their evidence has stronger probative power, it is directly presumed that the rescuer is not the injurer, and the burden of proof to prove that the rescuer is the injurer is borne by the rescued person. In the case that it cannot be proved, fair liability cannot be applied, but the rescuer should be deemed to have no responsibility.