Analysis of Typical Cases of Public Injury with Reversed Verdicts

Author: Li Kun
Publisher:
Publish Date: 2005-08-01
Features:
1. Elements of Torts and Compensation for Personal Injury
1.1. Sun Guoxuan v. Hou Moumou and Henan Literature and Art Publishing House: A dispute over the infringement of the reputation of the deceased relative due to the writing, publishing, and distribution of works that infringed upon the reputation of the deceased, requesting the two defendants to bear tort liability…(1) — How to determine whether a biographical literary work constitutes an infringement of the right to reputation?
1.2. Zhang Mou v. Lezhi County Wu Zhongliang Middle School: A dispute over compensation for mental illness caused by improper school management…(18) — How to determine whether there is a causal relationship between the tortious act and the damage?
1.3. Wang Zhihui v. the 16th Hospital of the People's Liberation Army: A dispute over compensation for mental damages for becoming a vegetable due to medical accidents…(32) — What compensation can be obtained due to medical accidents? Can a "vegetable" claim mental damages?
1.4. Zhu Muyang v. Wu Chunxiu et al.: A dispute over the family's financial difficulties due to the death of their son who died while performing a righteous act, requesting compensation from the beneficiaries…(49) — Should beneficiaries compensate for the sacrifice made while performing a righteous act?
1.5. Luo Caixing v. Lin Youzhu, Wu Haiyu, and Sheng Yunwen: A dispute over compensation for personal injury due to a traffic accident…(62) — How to correctly understand joint torts and joint liability in tort law?
2. Defenses for Personal Torts
2.1. Ying Moumou v. a certain airline: A dispute over the infringement of reputation and personal rights due to the implementation of control measures by air safety personnel…(80) — How to determine whether the act of the tortfeasor is the exercise of power in accordance with law?
2.2. Liu Tao v. the participating parties and players of a football match: A dispute over compensation for injury while playing as a goalkeeper for one team…(92) — Can one claim compensation for injury sustained in a sports competition?
2.3. Chen Moumou v. the Shanghai City Corps Hospital of the People's Armed Police Forces: A dispute over compensation for damage caused by the failure to inform the plaintiff of postoperative complications before surgery, violating the right to be informed…(102) — Should medical institutions bear liability if medical personnel fail to fulfill their duty to inform and explain before surgery, resulting in postoperative complications?
2.4. Zhou Qing'an v. Wang Jia'yuan and Li Shurong: A dispute over compensation for damage caused by the plaintiff taking emergency measures due to the violation of traffic rules by the daughter of the two defendants, leading to the damage of the third party Liu Zenhai…(118) — Who should bear liability for damage caused by emergency measures?
2.5. Wei Qiwu et al. v. the Luoyang Highway Management General Section et al.: A dispute over compensation for personal and property damage due to the collapse of a highway protection wall in heavy rain…(133) — Under what circumstances can the negligence of the victim reduce the liability of the tortfeasor?
2.6. Han Xibin v. Shaanxi Daily Press: A dispute over compensation for the infringement of reputation due to the publication of false articles…(150) — Can news media obtain an effective defense against the infringement of others' reputation based on requests and reports from the petition office?
3. Transferred Liability for Causing Harm to Others
3.1. Yang Houming v. Li Moumou: A dispute over compensation for personal injury caused by a person with mental illness…(167) — How to determine the person obligated to compensate for the infringement by a person with mental illness?
3.2. Xu Fengzhu v. Liu Minglyun and his employee: A dispute over the employer's liability for transferred compensation for harm caused by an employee…(170) — Should the employer bear liability for harm caused by an employee?
3.3. Hou Xinggen v. Wang Moumou and Chen Moumou: A dispute over the employer's liability for transferred compensation for harm caused by an employee…(188) — How to determine the existence of an employment relationship in judicial practice?
3.4. Li Tao et al. v. Huang Furu and the Tongshi Branch of the Bank of China: A dispute over compensation for disability or death caused by an accident during the completion of work designated by the defendant…(197) — Should the employer and the contractor bear liability for personal injury suffered by an employee in a safety production accident during the employer's contracted work?
4. Transferred Liability for Harm Caused by Objects
4.1. Jiang Mou v. the North District Bureau of Nanjing Telecommunications Bureau: A dispute over compensation for injury caused by a manhole cover…(218) — How to allocate the burden of proof for harm caused by objects?
4.2. Wen Caiyan v. the Haikou Office of the Hainan Xisha, Nansha, and Zhongsha Islands: A dispute over compensation for disability caused by objects thrown from residential buildings in the office building…(231) — How to determine the liable party for harm caused by thrown objects in buildings?
4.3. Zhang Moumou and Ye Moumou v. Dong Qunying and Dong Xueguan: A dispute over compensation for the fall of their child into Dong Xueguan's well due to the negligence of Dong Qunying…(243) — How to correctly understand the difference between ground construction causing harm and object causing harm as stipulated in the General Principles of Civil Law?
5. Hazardous Liability
5.1. Zhang Moumou v. Wenling County Power Company and Wang Tianzhi: A dispute over compensation for burns caused by high-voltage electricity, claiming compensation based on no-fault and fault liability…(261) — What principle of attribution should be applied to harm caused by high-voltage electricity?
5.2. Yang Mou v. Taiyuan Railway Bureau: A dispute over compensation for injury caused by entering the railway station to play without protective measures, being injured when the train started…(275) — What principle of attribution should be applied to harm caused by railway transportation? Can contributory negligence be applied when the victim is a minor with no capacity for civil conduct?
5.3. Luo Caiqiang v. Chengdu Railway Bureau and Chengdu Railway Bureau, Chengdu Qingyang Joint Transportation Company: A dispute over compensation for the death of their daughter due to being hit by a train while crossing a level crossing…(290) — How to determine the liable party when multiple factors lead to external personal injury accidents in railway transportation?
5.4. Chen Moumou and Lin Moumou v. Mitsubishi Motors Corporation: A dispute over compensation for the death of their relative due to the sudden explosion of a car's windscreen…(305) — What principle of attribution should be applied to harm caused by product defects? How to allocate the burden of proof?
5.5. Hu Moumou v. Jiangsu A Pharmaceutical Health Products Co., Ltd.: A dispute over compensation for personal injury caused by poisoning from the defendant's product…(321) — How to recognize the tort of harm caused by product defects in judicial practice?
6. Supplementary Liability
6.1. Zhang Moumou v. Chengdu Moon Bay Sports Center and Chengdu Northwest Bridge Primary School: A dispute over compensation for injury sustained in extracurricular activities organized by the school…(337) — Who should bear liability for students' injuries in extracurricular activities organized by the school?
6.2. Wang Moumou v. Sanmenxia City Shanzhou Scenic Area Management Office and Zhang Haishen: A dispute over compensation for injury sustained while horseback riding due to the management office failing to fulfill its duty of care…(352) — What liability should operators bear for violating the obligation of safety assurance?