Stay-at-home mothers help acquaintances pick up and drop off their children for free for two and a half years. On the way home, the child accidentally fell from the back seat of the car and was injured.
The verdict shows that Ms. Zhang and Ms. Du, who live in Jinan, are acquaintances and friends. Their children go to the same kindergarten. Ms. Zhang has been taking care of her children at home full-time and has plenty of time. Ms. Du and her husband both work in middle schools and often can't pick up and drop off their children on time. Therefore, Ms. Du often asks Ms. Zhang to pick up the children, often plays with Ms. Zhang's children, and sometimes eats at Ms. Zhang's house.
As long as Ms. Du informs me that when I pick up the children, I will pick up Jia Jia (a pseudonym) together. This connection is two and a half years, and it is free. ? Ms. Zhang introduced.
201June 9 19 At 4 o'clock in the afternoon, after Ms. Zhang picked up her children in the kindergarten, Jiajia would play with Ms. Zhang's children and not go home. However, Jiajia's parents are going back to work. As usual, Jiajia's parents left Jiajia with Ms. Zhang and went to work.
In the evening, Ms. Zhang carefully sent Jia Jia home. However, I didn't expect the accident to happen. When the electric car drove to the intersection of Jingsan Road and Wei Yi Road in Jiyang District, Jinan City, Jia Jia suddenly fell from the back seat of the electric car. Ms Zhang stopped the car immediately and informed Jia Jia's parents at the first time. The next day, Jia Jia was sent to Jinan Children's Hospital for treatment. He was diagnosed with skin contusion (left ring finger and little finger) and was hospitalized for 6 days. After being reimbursed by medical insurance, she spent 7757.04 yuan on medical expenses. Afterwards, Ms. Zhang left 2000 yuan when she visited her home. Parents of injured children sued the shuttle. First-instance judgment: Take two children to ride a bike illegally, and pay more than 5,000 yuan.
After the incident, Ms. Du took Ms. Zhang to court and demanded that Ms. Zhang compensate Jia Jia for medical expenses, nursing expenses and transportation expenses totaling 6,657 yuan.
The People's Court of Jiyang District, Jinan City held at first instance that in this case, the accident occurred on the road in Jiyang District, Jinan City, and Zhang Moumou rode an electric car to carry his children under the age of 12 and two people, which obviously violated the above-mentioned provisions on non-motor vehicle manned, and should bear corresponding responsibilities for the accident.
However, Niu Mouqi and Du Mouqian, as their guardians, knew that Zhang Moumou might be at risk when driving a non-motor vehicle, but they would still deliver it to Zhang Moumou, and they should also bear corresponding responsibilities for the accident. Defendant Zhang Moumou shall compensate the plaintiff for medical expenses of 5,429.93 yuan, nursing expenses of 420 yuan and transportation expenses 140 yuan within ten days from the effective date of this judgment. After deducting RMB 2,000 paid by defendant Zhang Moumou, the above amount is RMB 3,989.93.
After the first trial, Ms. Zhang refused to accept the judgment and appealed.
The judgment was changed in the second instance: the mutual assistance between neighbors and friends is worthy of recognition and does not require responsibility.
In the second instance, Jinan Intermediate People's Court held that helping workers means providing services to others free of charge. There is often a special social relationship between the helper and the helper, which usually occurs between relatives, friends, colleagues and neighbors. It has a temporary feature and can also be understood as what is usually called helping others.
Ms Zhang helps Jia Jia's parents take care of her daughter Jia Jia. The two sides did not agree on remuneration and established a relationship of free help. Ms. Zhang was engaged in activities to help take care of her, which caused her injury. Jia Jia's parents, as helped workers, should be liable for compensation according to law.
The accident happened on the urban road in Jiyang District, Jinan City. Ms. Zhang rode an electric car to take her children and two children under the age of 12 to travel in Jia Jia, which violated the regulations of non-motor vehicles carrying people. However, our parents, as guardians, knew that Ms. Zhang was carrying only one child in the fixed safety seat installed on a non-motor vehicle, and should have foreseen the possible risks, but they would still give it to Ms. Zhang and send it home after the child played.
Moreover, as a helper, Ms. Zhang will put her child on a fixed safety seat and a pedal with potential safety hazards, which has fulfilled her corresponding obligations. Jia Jia's parents are at fault as guardians of Jia Jia, let alone helpers, and the corresponding responsibilities should be borne by Jia Jia's parents. Jiajia's parents also decided that the injury was an accident, and there was no evidence that it was caused by Ms. Zhang's subjective intention or gross negligence.
Therefore, our parents, as our guardians, asked Ms. Zhang to bear the corresponding responsibility for the accident, and the court did not support it.
Ms. Zhang's good moral habits of goodwill, neighborhood mutual assistance, unity and friendship are worthy of recognition. Jia Jia was injured, and both sides were very upset. Jia Jia's parents should treat the accident correctly and should not take it out on Ms. Zhang. ?