Cause of action: dispute over the right to life

Plaintiffs: Xia 1, 2, 3 and 4.

Defendant: XX Sunset Red Nursing Home

Case introduction:

2065438+July 2007, Li Xiying (Party A), Sunset Red Apartment for the Aged (Party B) and Xia 3 (Party C and the guarantor) signed an occupancy agreement, stipulating that Party B would provide Party A with a bed with room 12 on the second floor, and Party B would charge Party A the monthly accommodation fee of 1300 yuan. During the period of Party A's residence, Party B will not bear any legal and economic responsibilities for any accidents (falls caused by independent actions and disputes between the elderly) directly caused by non-apartment staff; Party B is not responsible for any accident (loss, falling, collision, car accident, death, etc.). ) during the performance of this agreement, it is forbidden to go out alone, greet or listen to dissuasion; This Agreement shall be signed and sealed by Party C instead of Party A (because the residents are old, weak and sick); If there is an accident due to my own reasons (note: whatever the reason, there are emotional disorders, Alzheimer's disease, depression, schizophrenia, etc. ), in case of suicide, loss and other accidents, Party B will not bear any legal and economic responsibilities. On the front page of the agreement, there is also a handwritten content: "The old man doesn't listen to advice, likes to go out, disobeys management, and lets her go out with the consent of his family. If you don't listen to advice, you won't be responsible for all accidents. "Xia 3' s signature is below the handwritten content. In addition, Article 7 of the "Sunset Red Apartment System for the Elderly" issued by the defendant stipulates that "(7) you must not go out at night, and you must ask for leave when you have something to go out during the day. Leave for one day must be approved by the dean and return to the hospital before 8 pm that day; Ask for leave for more than two days and submit it to the hospital management Committee for approval to ensure safety. You can't go out until you approve it. You must go through the relevant formalities before going out and keep in regular contact with the dean. After the holiday, you should return to the hospital on time. "

At 5: 27 on July 2018 14, the police of XX Police Station of XX Branch of XXX Public Security Bureau received an alarm. Some people say that there is an old lady lying next to a tree on the south side of XX Primary School in XXX District, XX City, with dichlorvos next to her. After the police rushed to the scene, they learned that 120 had sent the old lady to the hospital for treatment, and her family also rushed to the hospital to accompany her. On that day, Li Xying spent 130 yuan on ambulance and $ for rescue, totaling $. The next day, Li Xying died, and the "cause of death" in the medical certificate (inference) of residents' death was organophosphorus poisoning. According to the agreement between the plaintiffs, Xia 4 took care of Li X Ying in the month of the crime, and Xia 4 paid the defendant the expenses for that month.

The plaintiff's appeal:

1. According to the law, the other party was ordered to compensate for medical expenses, death compensation of 236,000 yuan (47,200 yuan× 5 years), funeral expenses of 797,465,438 yuan+0 yuan within 65,438 months× 6 months, mental damages of 50,000 yuan and lost time of 47,200 yuan. 2. The legal costs shall be borne by the other party.

The court of first instance found that:

1. According to the medical certificate (inference) issued by XXX Hospital on the death of Li Xiying, the "cause of death" was organophosphorus poisoning. According to the police records, Li Xying should be mainly responsible for his own death without evidence of homicide and other factors. Although the occupancy agreement signed by the parties in this case stipulates that the old man will not be liable for compensation for suicide and the old X Ying will not be liable for compensation for accidents when he goes out, the above agreement and the contents signed by Xia 3 do not mean that the whereabouts and activities of the old X Ying can be completely ignored.

Second, according to Article 7 of the "Sunset Red Apartment System for the Elderly", "(7) You must not go out at night, and you must ask for leave if you have something to go out during the day. Leave for one day must be approved by the dean and return to the hospital before 8 pm that day; Ask for leave for more than two days and submit it to the hospital management Committee for approval to ensure safety. You can't go out until you approve it. You must go through the relevant formalities before going out, and keep in regular contact with the dean, and return to the hospital on time after the holiday. Sunset Red Apartment did not provide evidence to prove Li × Ying's leave registration record and related inquiries. Therefore, Sunset Red Apartment did not fully fulfill its management responsibilities and was responsible for the damage results in this case. Denied the statement that Li Xiying's suicide had nothing to do with Sunset Apartment. Considering Li Xying's own fault and the fault degree of Sunset Red Apartment, it is decided that Sunset Red Apartment shall bear 10% of the compensation liability, and Li Xying shall bear the rest of the losses.

Judgment result:

1.XXXX sunset red apartment for the elderly shall compensate the plaintiff for all losses within ten days after the judgment comes into effect, namely RMB 1 yuan, RMB 2 yuan, RMB 3 yuan and RMB 4 yuan;

Two. Other claims of Xia 1, Xia 2, Xia 3 and Xia 4 were rejected. The case acceptance fee is 29 10 yuan, which shall be borne by XXXXX Sunset Red Nursing Home.

XXXX Sunset Red Apartment for the Aged refused to accept the first-instance judgment and appealed.

In the second trial, neither side submitted new evidence.

Willow legal statement:

1. Article 1 199 of the Civil Code. If a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the tort liability; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability. It refers to the fact that as a person with no capacity for civil conduct, the party suffers personal injury during hospitalization in a nursing home, and it is presumed that the nursing home is responsible and should compensate. However, nursing homes can prove that they have fulfilled their management responsibilities and are not responsible.

2. In this case, although the two parties signed a written agreement before the elderly were admitted to the hospital, and the exemption clause of the nursing home was clarified, based on the most basic standards of the contract, the agreement signed by the two parties to limit one party's rights or aggravate one party's responsibilities was itself discounted.

3. If the elderly suffer personal injury during their stay, in practice, the court will judge the fault liability of the nursing home according to the actual situation and make corresponding compensation.

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202 1 08 August