Zhang, a student from a middle school in Hebei province, signed up for a summer camp in Beijing during the summer vacation.
After entering the camp, Zhang was involved in a physical training, and accidentally fell down due to equipment failure. The organizer of the summer camp tried to send Zhang to a hospital in Beijing and was diagnosed with a broken left leg.
Zhang's father, Zhang, asked the organizer to bear all the losses of the accident, but the company thought that Zhang's treatment expenses in Beijing had already been paid, and the treatment expenses for returning to Hebei later should not be borne by the company.
after consultation, both parties filed a lawsuit with the court.
Based on the interpretation of the case
After trial, Mr. Zhang believes that the outward bound training program is a high-risk sports activity, and the summer camp party, as the organizer responsible for maintaining the safety of the camp, should be more cautious and protective in training to ensure the safety of the participants
Therefore, there is some fault in the summer camp for the loss caused by Xiao Zhang's injury during training, and its fault should be liable for compensation.
After identification, it is necessary to treat Xiao Zhang after leaving Beijing. The follow-up treatment should be determined according to the growth and clinical situation, and the treatment cost should be based on the actual occurrence in principle.
accordingly, after calculating the rationality and legality of all kinds of losses claimed by Mr. Zhang, the court decided that the summer camp should bear the corresponding liability for compensation.
Article 179 of the Civil Code of the People's Republic of China
If anyone infringes on others and causes personal injury, he shall compensate the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and so on, as well as the income reduced due to missed work.
If it causes disability, it shall also compensate for the expenses of assistive devices and disability compensation; In case of death, compensation shall also be paid for funeral expenses and death compensation.
The lawyer reminds
The core of the dispute between the two parties in this case is whether Mr. Zhang should be transferred to a hospital outside Beijing for follow-up treatment after seeing a doctor in Beijing, and whether the expenses during this period should be borne by the infringer.
after the infringement, the purpose of relief and compensation is to restore the rights and obligations to the state before the infringement.
After personal injury in a falling accident, there is a gradual recovery process, which is continuous and may end before the obligee brings a lawsuit to the court, or it may last longer.
In this regard, the cost of follow-up treatment can be divided into two stages. One is the cost of treatment that has occurred during the litigation, and whether this cost needs treatment needs to be confirmed by the infringer who claims it.
if the parties can't prove it, the infringer who should be liable for compensation should compensate for this part of the expenses within his own proportion.
Second, the follow-up treatment expenses that did not actually occur during the litigation. This part of the cost is an uncertain factor, and its amount is still uncertain. If the infringer is allowed to make compensation in advance during the lawsuit, it may have a bad influence on it. Therefore, as long as there is evidence to prove that the specific amount can make the infringer bear the obligation of compensation, there is evidence to prove it.
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