Who is responsible for the "Xiong Haizi" prank that caused others to fall?

Recently, in Huainan, Anhui, a child was playing alone in the elevator of a residential building. The prank operation caused the elevator to malfunction. Fortunately, no one was hurt. Afterwards, parents actively cooperated with the property, took the initiative to take their children to admit their mistakes, and compensated the elevator for damage and maintenance costs 1200 yuan. The police also conducted safety education for the children.

Anyone can have a Xiong Haizi. If you are not careful, Xiong Haizi may get into trouble. Then, if Xiong Haizi, as a person without or with limited capacity for civil conduct, causes damage to others, who will bear the responsibility? On February 22nd, 65438, Yinchuan Intermediate People's Court concluded such a typical case.

One day, Su Xiaoxiao (pseudonym) was skateboarding in the activity square at the gate of the community. When she was standing on a stationary skateboard drinking milk, 1 1 year-old Li Xiaoming (a pseudonym) suddenly stepped on the skateboard behind Su Xiaoxiao, causing Su Xiaoxiao to fall and hurt his right arm. It was diagnosed by the hospital as an open double fracture of the right ulna and radius, which required hospitalization. Afterwards, Su Xiaoxiao's parents repeatedly negotiated with Li Xiaoming's parents for compensation, but failed, so they appealed to the court.

After trial, the court of first instance held that the actor was at fault for infringing upon the civil rights and interests of others and should bear the tort liability. Li Xiaoming was injured when he stepped on a skateboard standing in Su Xiaoxiao, and the damage result to Su Xiaoxiao was at fault, so he should bear civil liability for compensating Su Xiaoxiao for the corresponding economic losses. However, since Li Xiaoming is a person with limited capacity for civil conduct and has no independent property, his parents should bear civil liability in this case. Therefore, Li Xiaoming's parents were ordered to compensate Su Xiaoxiao for various losses totaling RMB 1.57 million. Li Xiaoming's family refused to accept the appeal and appealed to Yinchuan Intermediate People's Court.

Yinchuan Intermediate People's Court held that Li Xiaoming trampled on the skateboard where Su Xiaoxiao was standing, causing him to fall. His behavior has a direct causal relationship with the damage result of Su Xiaoxiao, and he is at fault, so he should bear the civil liability for compensating the corresponding economic losses of Su Xiaoxiao. Therefore, the appeal was dismissed and the original judgment was upheld.

In this regard, the judge said that according to the provisions of Article 2 of the Tort Liability Law of People's Republic of China (PRC) and Article 133 of the General Principles of the Civil Law of People's Republic of China (PRC), anyone who infringes on civil rights and interests shall bear tort liability in accordance with this Law. If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability. If a guardian fulfills his guardianship responsibility, his civil liability may be appropriately reduced. In this case, Li Xiaoming was born in 2008 and belongs to a person with limited capacity for civil conduct, so the court ruled that his parents should bear civil liability for compensation. In this case, the judge reminded parents that they must be optimistic about their "Xiong Haizi", or they will become "back-handed men" in minutes.