Basic facts

Zack and John are villagers in the same village. In July 2022, because Zack invaded John's contracted land, the two men had a dispute. After John called Zack twice at 0 o'clock on a certain day, the call duration was more than 10 minutes, and during the two calls, John had insulted Zack. At about 15 o'clock on the day of the call, Zack felt unwell and was sent to the hospital for treatment by his family. The hospital diagnosed him as peripheral vestibular vertigo, and other diagnoses were multiple cerebral infarction, cerebral atherosclerosis, carotid atherosclerosis, type 2 diabetes and electrolyte disorder. During his hospitalization, Zack spent more than 5,000 yuan on medical expenses. Zack believes that his hospitalization was caused by John's abusive behavior, and it also caused him to be often awakened by nightmares, so he sued John to Pingyin Court.

Referee result

After trial, the court held that citizens' rights to life, body and health were protected by law. John called Zack twice at around 0: 00 and verbally abused him. After Zack was hospitalized on the same day, John should bear certain responsibilities for Zack's loss. In addition, the main reason why John insulted Zack was that Zack invaded his contracted land. Zack was at fault first, and Zack should bear certain responsibilities. And in the trial, Zack admitted that he had a basic disease of diabetes, so John's abuse was only a cause of the damage in this case, not the whole reason. In summary, the court decided that John should bear 30% of the liability for compensation.

The judge reminded

A good word warms three winters, and a bad word hurts people in June. Quarrel and abuse are not the solution to the problem, and disputes need to be resolved in a rational and civilized way. Carrying forward the socialist core values is one of the important legislative purposes of China's Civil Code, and trivial frictions are inevitable in life. However, if we can get along with our neighbors with the mind of being strict with ourselves and lenient with others, and say more "sorry" and "it doesn't matter", life will be less troublesome and more happy, and society will be more harmonious and warm.

Law

Article 165 of the Civil Code of People's Republic of China (PRC) stipulates that if an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.

The article was transferred from the Higher People's Court of Shandong Province, and I would like to thank you.