400 yuan labor fee triggered a "bloody incident", the carpenter and the "contractor"'s fellow villagers were "killed"
2024-08-12
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When the two sides failed to get the labor fee, they had a quarrel or even a fight. How to determine the responsibility of one party for injury? Who should bear the compensation liability? The Jiangxi Court of Xinwu Court of Wuxi City recently held a public hearing in the third community of Taibo Garden in the city and pronounced a verdict on a personal injury case caused by the labor fee. In the end, the court decided that the perpetrator should bear 70% of the compensation liability, and the injured party should bear 30% of the liability.
Court trial
In September 2023, Master Pu worked as a carpenter for two days with his fellow villager, Boss Xiang, and agreed to pay him 2,200 yuan. However, after the work was completed, Boss Xiang only paid him 1,800 yuan. "Old Pu, I haven't received the remaining 400 yuan yet, so I can't give it to you now." Boss Xiang told Old Pu that he would have to wait until mid-October to pay him. Master Pu was unwilling to wait and kept urging Boss Xiang to pay him quickly.
At noon on October 2, Master Pu drank some wine during a dinner with relatives and friends, and asked Boss Xiang for payment again. "Give me the money, I want to buy cakes with it." Master Pu's words did not help Boss Xiang at all, and he continued to delay on the grounds that he had not been paid.
Now, Master Pu was anxious: "You know my character." "If I come, I will definitely not take the 400 yuan." "We agreed to pay you at the end of the month, whether you borrow money or sell your house, you have to give it to me." Master Pu spoke a lot, and Boss Xiang had no choice but to meet him at the gate of his community.
On the spot, Master Pu asked Boss Xiang for money, but Boss Xiang still delayed, saying that he would pay in mid-October. The two of them argued back and forth, and the argument turned into a quarrel. During the process, Master Pu took out the hard hat he was wearing when working and hit Boss Xiang. When Boss Xiang tried to block it with his hand, it hit Master Pu's face. Master Pu was furious, so he started to hit Boss Xiang's head and back with the hard hat.
After being hit a few times, Boss Xiang got rid of Master Pu and ran to his car in the community parking lot to get a fruit knife. About half a minute later, Master Pu also came over and pointed at Boss Xiang. Boss Xiang stabbed Master Pu with the fruit knife without saying a word. Master Pu used his arm and helmet to block, but his arm was still injured. After being sent to the hospital, he was diagnosed with tendon injury and underwent tendon nerve and blood vessel anastomosis, which cost more than 10,000 yuan in medical expenses.
The public security organ imposed administrative penalties on Mr. Xiang and Mr. Pu respectively based on the faults of both parties and the consequences they caused. However, the two parties could not reach a consensus on the compensation issue, so Mr. Pu sued Mr. Xiang in court, demanding compensation for medical expenses, lost wages, etc., totaling more than 20,000 yuan.
People's Congress representatives, community residents and others attended the hearing
The judge organized the two parties to mediate, and Boss Xiang refused to pay compensation on the grounds that he was acting in self-defense and had already been subject to administrative penalties.
The court held that if a person violates the civil rights of others due to fault and causes damage, he shall bear tort liability, but if the injured party is at fault for the occurrence or aggravation of the same damage, the tortfeasor's liability may be mitigated. In this case, although Mr. Xiang was first hit by Master Pu with a safety helmet, after escaping, he took out a fruit knife and stabbed Master Pu with it. His behavior clearly exceeded the limit of legitimate defense and he should bear tort liability.
Although Master Pu met with Boss Xiang to ask for labor fees, he hit others with his helmet after drinking, which led to a physical conflict between the two parties. He was also at fault, and Boss Xiang's compensation liability should be reduced according to his fault. In the end, the court decided that Boss Xiang should bear 70% of the compensation liability and compensate Master Pu more than 10,000 yuan.
The judge said that legitimate defense is when a person who is committing an illegal infringement is stopped and the person is harmed. Legitimate defense should be within the necessary limits. If the actions taken obviously exceed the necessary limits and cause damage, the person should also bear the corresponding responsibility.
The judge reminded that economic disputes are very common in social interactions, and the parties should safeguard their rights and interests through reasonable and legal means to avoid conflicts and harmful consequences.
Yangtze Evening News/Ziniu News reporter Zhang Jianbo
Proofread by Xu Heng
