Compensation is required for injuring people who break through the epidemic prevention checkpoint. Court: No compensation
News from our newspaper (Reporter Zhou Qian) Recently, the Beijing Third Intermediate People's Court released a case where a resident injured himself when an epidemic prevention volunteer stopped him from breaking through an epidemic prevention checkpoint because he violated the community epidemic prevention and control management.
During the epidemic prevention and control period, Wu Mou did not enter or leave the community in accordance with the epidemic prevention and control regulations, and quarreled with the security guard Zhang Mou and tore each other. When Cui Mou, a community epidemic prevention volunteer who was present at the time, stepped forward to stop it, Wu Mou injured his right hand.
Later, Wu filed a lawsuit, asking Cui to compensate for his medical expenses and other losses.
The court held that Wu disobeyed the management and forcibly went out, and had a physical conflict with the community security. His irrational and disobedience to the community property management was the key and premise of the conflict in this case.
As a volunteer, in order to ensure the normal order of epidemic prevention in the community, Cui Mou controlled Wu Mou's illegal behavior within a reasonable limit. The behavior was subjectively not at fault and did not have the illegality of the behavior.
Therefore, Wu should take full responsibility for his impulsive behavior of disobeying management and not calmly handling problems during the epidemic prevention and control period.
The judgment dismissed all Wu's claims.
Civil activities shall respect social morality and shall not harm social and public interests.
Some necessary measures in daily epidemic prevention management may cause some inconvenience to residents' daily travel and freedom of movement, but the fundamental purpose of epidemic prevention work is to protect the life, health and safety of the public, which is related to everyone's vital interests. When public epidemic prevention requirements conflict, the public needs to understand, support and cooperate with practical actions.
The court released the top ten typical cases of infringement disputes involving people's livelihood in 2021 on the same day, aiming to guide the public to consciously abide by social morality, actively maintain social order, and establish a good morality.