A few friends went to play on the water and died in an accidental drowning accident What is the lega

Updated on society 2024-04-22
7 answers
  1. Anonymous users2024-02-08

    It was a pure accident, and the public security organs should make an evaluation of the cause of death and do an autopsy; The close relatives of the unfortunate drowning person can sue, and it is unlikely that the defendant will be resolved through negotiation, and the defendant has the person who went to play with him and the owner and driver of the cruise ship that you prove to be at fault, and the court will also do mediation work, and the judgment will not be made after the decision.

  2. Anonymous users2024-02-07

    First, the public security organs must determine the cause of death.

    Look at what you said, the owner of the boat should be responsible, because it was the boat that caused him to fall into the water, and they have the responsibility and obligation to save it, and if they can't save it, they should be responsible.

    Legally you are not obligated to save him, but from a humanitarian point of view, you should still care about Hatha.

  3. Anonymous users2024-02-06

    1. If there is a certain causal relationship between the colleague and the drowning of a friend due to insufficient warning and foresight of the dangers that may occur during swimming and how to avoid the occurrence of dangers, the peers shall bear certain liability for compensation.

    2. If the drowning person does not know how to swim, but the others can swim, it can be regarded as the other person has a certain degree of negligence (he should not be taken to engage in a certain dangerous activity), and the negligence has a certain causal relationship with the result of the damage. Therefore, other persons should bear the corresponding civil liability.

    3. If the specific cause of drowning is caused by someone else's dangerous behavior, such as fighting, playing, or pranks, causing the victim to fall into deep water and drown. It is regarded as the consequence caused by the prior dangerous act, and of course it should bear civil liability.

    4. If there is no fault, the principle of fairness can also be invoked. For detailed legal provisions, the General Principles of the Civil Law and the provisions of the Supreme People's Court on compensation for personal injuries may be cited.

    5. Article 6 of the Supreme People's Court's Judicial Interpretation: Where natural persons, legal persons, or other organizations engaged in business activities such as lodging, catering, entertainment, or other social activities fail to fulfill their obligations to ensure safety within reasonable limits and cause personal injury to others, and the compensation rights holder requests that they bear the corresponding liability for compensation, the people's court shall support it.

  4. Anonymous users2024-02-05

    1.If there is a definite causal relationship between the colleague and the drowning death of a friend due to insufficient warning and foresight of the dangers that may occur during the swimming process and how to avoid the occurrence of the danger, he or she shall bear the affirmative duty of compensation. 2.

    If the drowning person is not able to swim, but the others are able to swim, it can be regarded as the other person is definitely at fault (he should not be taken to engage in activities that he cannot and must be dangerous), and there is a positive causal relationship between the negligence and the result of the damage. Therefore, the other person should bear the corresponding civil liability. 3.

    If the specific cause of drowning is caused by the dangerous actions of others, such as fighting, playing, or playing pranks, the victim is provoked to drown in deep water. It is regarded as the consequence of the prior dangerous practice, and of course it should bear civil liability. 4.

    If there is no mistake, the principle of equality can also be invoked. For detailed legal limitations, we can refer to the General Principles of the Civil Law and the Supreme People's Court's limitations on personal injury compensation. 5.

    Article 6 of the Supreme People's Court's Judicial Interpretation: Where natural persons, legal persons, or other organizations engaged in business activities such as accommodation, catering, and entertainment, or other social activities, fail to fulfill their obligations to ensure safety within the scope of lawfulness, causing personal injury to others, and the person entitled to compensation requests that they bear the corresponding duty of compensation, the people's court shall support it.

  5. Anonymous users2024-02-04

    Drowning is considered an accidental death. Accidental death means death caused by an unforeseen cause, not intentional or negligent event or act, and "accident" means not foreseeable that the act performed would result in death under normal circumstances; "Unintentional" means not with the aim of ending the life of another person or one's own person. ** Incidents caused by unintentional violence.

    Such as death caused by natural disasters, traffic accidents, medical accidents, etc. It is now used for assassinations carried out by the authorities to eliminate dissidents.

    Article 3 of the Civil Code of the People's Republic of China [Civil Rights and Interests are Protected by Law] The personal rights, property rights, and other lawful rights and interests of civil subjects are protected by law and must not be infringed upon by any organization or individual.

  6. Anonymous users2024-02-03

    If the son drowns in the swimming pool, if the manager or owner of the swimming pool fails to fulfill reasonable safety and security obligations, the manager or owner of the swimming pool shall bear tort liability. If the result of the son's drowning is due to the fault of the guardian, the guardian is liable.

    [Legal basis].Article 1198 of the Civil Code.

    Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business venues or public places, or organizers of mass events, who fail to fulfill their security obligations and cause harm to others, shall bear tort liability.

    Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.

  7. Anonymous users2024-02-02

    Legal analysis: If there is no infringer, it is an accidental death of oneself, and there is no compensation in principle except for insurance compensation. If there is an aggressor and the victim dies, compensation shall be made for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

    Legal basis: "Judicial Interpretation of the Supreme People's Court on Compensation for Personal Injuries" Article 29: Death compensation is calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

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