Li's attorney defended during the trial that the damage of the deceased Wu was caused by Xu's fraudulent behavior, the event operator's failure to fulfill reasonable security obligations in qualification examination and security guarantee, and Wu's overconfidence. Li's act of giving benefits in good faith is not intentional and gross negligence, and there is no fault. Therefore, Li does not bear the corresponding share of losses or liability for compensation.
"If Li doesn't give the opportunity to transfer the qualification, Wu won't get the qualification, let alone participate in the half marathon. The tragedy of this case will not happen. Therefore, there is a causal relationship between Li Moumou's transfer qualification and the occurrence of the damage result of the deceased Wu Moumou. " Lawyer Li, the plaintiff's agent, thinks.
Li's attorney replied that Li and You were just friends and had never seen anyone else in this case. Li Moumou agreed to transfer his participation quota to You Moumou, which is an act of goodwill and not an infringement. Therefore, there is no legal causal relationship between Li's kindness and Wu Mou's sudden death due to excessive exercise.
The third person travels to say that he and Wu are colleagues, and they usually sign up for some marathons because of their personal hobbies. Both of them are marathon enthusiasts, so they are subjectively out of the friendship of colleagues and the help of friends, and there is no motivation or behavior to transfer the number cloth for profit. As far as the accident in this case is concerned, the event operator neglected to supervise or acquiesce in the game site, and there was gross negligence in management, so he should bear the responsibility.
In the court debate, the original defendant and the defendant have little dispute about the basic facts, but they have great dispute about fault and causality. After more than three hours of trial, the whole process of the first trial has ended, and the specific results will be pronounced on another day. The family of the plaintiff, Wu Moumou, said that all the demands have been reflected in the opinions of the attorney and will wait for the fair handling of the law.
As this case is the first case of a marathon athlete's sudden death claim in China, the legal judgment of this case will provide a reference standard for the determination of the responsibility of such sports events, so as to further clarify the obligations and responsibilities of all parties in marathon and other sports events, standardize the behavior of all parties, and reduce or even eliminate the occurrence of accidents, which will have a far-reaching impact on China's booming sports events. Therefore, the Haicang District Court applies the "grand collegiate bench model" of three judges and four people's jurors for trial.