A lawsuit triggered by square dance: a 3.5-year-old girl riding a bicycle through a crowd fell to the ground and her mother was compensated 4180 yuan

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, a 3.5-year-old girl, Xiaozuo, and 54 year old Aunt Wang live in a community in Panzhihua, Sichuan Province. The two families caused a dispute over a square dance, and Xiaozuo’s parents sued Aunt Wang to court. Parents of

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Xiaozuo said that their children were riding bicycles in the square of the community. When passing through the dancing section of Aunt Wang, because her dancing range was too large and she was in a state of selflessness, she trampled on Xiaozuo and injured her clavicle fracture. Finally, after calling the police, Aunt Wang admitted the fact. The parents of

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sued Aunt Wang to court, claiming more than 36000 yuan. Recently, the people’s Court of the Western District of Panzhihua City, Sichuan Province, ruled in accordance with the law that the guardian of Xiaozuo should bear 30% of the responsibility, and Aunt Wang should bear 70% of the civil liability. Wang Xiaoma finally paid 4180 yuan.

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parents claim:

children riding bicycles were hit by

the mother Shu was very angry about the child’s small left injury. Ms. Shu told the court that at about 20:00 on September 5, 2019, my grandfather took Xiaozuo to a supermarket in the community for shopping, and Xiaozuo rode a bicycle. When passing through the road section where Aunt Wang danced in square dance, she was too wide for her dancing and was in a state of selflessness, and left Xiaozuo was injured.

“when Xiaozuo’s grandfather found Aunt Wang’s theory, he found that she had fled.” Ms. Shu said the accident happened when Xiao Zuo rode a bicycle through the square dance crowd outside the supermarket, which blocked the access to the supermarket. After the injury, they sent Xiao Zuo to the hospital for examination and treatment. According to the doctor’s diagnosis, the small left clavicle was broken.

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} diagnosis report of child fracture

Ms. Shu said that according to the doctor’s suggestion, due to the age is too young, it is suggested that the family take Xiaozuo home for conservative treatment. After that, the doctor suggested that Xiaozuo rest for three months. After that, they found Aunt Wang, but she refused to admit that “after calling the police, they admitted this fact.” After the incident, after mediation by the local police station, both sides reached an agreement on Xiaozuo’s compensation, but the next day, Aunt Wang reversed her promise. Since then, they have repeatedly asked Aunt Wang to compensate for the loss.

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failed to solve the problem of compensation, Xiaozuo’s parents sued Aunt Wang to the court, claiming more than 36000 yuan. Ms. Shu believes that Aunt Wang, as a person with full capacity for civil conduct, did not fulfill the duty of care when she occupied the pedestrian passageway for square dance. She neglected observation and prevention, and knocked down the small left hand that was passing normally and injured her. Xiao Zuo’s Guardian did his duty of guardianship, and Aunt Wang should bear full compensation responsibility for Xiaozuo’s loss.

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in court: when the child was riding a bicycle, no guardian knocked her down. In the court, Aunt Wang said that what Ms. Shu said was not true, because Xiao Zuo’s parents were not at the scene of the incident.

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Wang said that on that day, she and some square dance lovers danced in the open space of the community as usual, without occupying the pedestrian passageway. The range of dance movement is not big. Xiao Zuo, without a guardian, rushes into the dancing crowd on her bicycle and knocks her dancing down from behind. She fell to the ground in the moment, accidentally small left pressure injury, at the same time, her own waist was also injured.

Auntie Wang also said that after the incident, she and other square dance enthusiasts looked for Xiaozuo’s guardian. After a few minutes, she found Xiaozuo’s grandfather, and then gave the child to the old man to deal with her injury.

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Wang Dama believes that Xiaozuo should be responsible for the accident due to the failure of her guardian to fulfill the responsibility of guardianship, and she reserves the right of prosecution for the accident. Some of the compensation of more than 36000 yuan put forward by parents of primary left is not recognized.

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↑ the square dance crowd

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in the evidence proof stage, the partner who danced square dance with Aunt Wang testified in court and told the story of the incident. The first dance partner of

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said that Aunt Wang was standing in the first row, and she was standing in the second row. In the process of dancing, the child came from behind and knocked down Aunt Wang. “After the collision, the child fell to the ground, and the adults also fell down. We help the adults and the children together. The baby is crying. We call the child’s adult hard. It may take two or three minutes for her adult to arrive. ” The second dance partner of

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said that Aunt Wang was lying on her back at that time. After they helped Aunt Wang up, they saw the child under the ground, and then the child was crying. The third dance partner of

said, “what appeared to me was that a doll rushed directly from the back and knocked down Aunt Wang, who was dancing.”

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the court ruled:

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aunt failed to fulfill the duty of reasonable care to bear 70% of the responsibility

in the court, Ms. Shu believes that Aunt Wang, as an adult, can fulfill the duty of care and attention. “You should also observe the front, back, left and right when you walk by yourself. What’s more, when you are dancing in square dance, the range of movement is very large. Your hands are dancing and your feet are dancing, which leads to the small left fracture.” The agent of

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Wang Dama believes that Xiaozuo knocked down Aunt Wang in the first row from the back by riding a car. In this case, Xiaozuo’s guardian should bear full responsibility, and Aunt Wang has no responsibility and should not compensate.

in the court, Ms. Shu also showed two photos of the community square, trying to prove that the place where Aunt Wang danced was a pedestrian passage, not an open space, but a public place in the community. Aunt Wang’s agent said that the authenticity of the photo is meaningless, but can not reflect the relevance of the case, “because the photo is the front door of the supermarket, and Aunt Wang is not dancing in the front door of the supermarket.”

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} the trial of the people’s Court of Panzhihua west district held that the defendant, as an adult, did not fulfill the obligation of reasonable care when dancing in the crowded square. After colliding with Xiaozuo, the plaintiff, she did not perform the duty of reasonable careThe main cause of the plaintiff’s left clavicle fracture is to press down on the plaintiff carefully. The guardian of the plaintiff asked the plaintiff, who was only 3.5 years old, to play the scooter alone in the square where the crowd was crowded. He should foresee that the act itself was dangerous. The minor cause of the plaintiff’s injury was the failure of the plaintiff’s guardian to fulfill his duty of guardianship.

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court decided that the guardian of Xiaozuo, the plaintiff, should bear 30% of the liability, and the defendant, Wang Dama, should bear 70% of the civil liability. After investigation, the plaintiff incurred a total of 5972.25 yuan in medical expenses, custody fees, transportation expenses and nursing expenses. Combined with the degree of fault of both parties, the defendant Wang Dama should compensate the plaintiff 4180.58 yuan.

Red Star News reporter Jiang long

original title: lawsuit caused by square dance: a 3.5-year-old girl riding a bicycle through a crowd and fell to the ground with a broken bone