On 23/8, an over 60-year-old man in Hunan province entered a card game shop, resting on a chair near the entrance. After just over one minute, he showed signs of distress.
Ly, the shop owner's son, stated: "During that time, my mother did not speak or have any interaction with him."
After noticing the elderly man collapse, the shop owner helped him outside, while another person called for an ambulance. "Someone suggested taking him outside for fresh air," Ly recounted.
Approximately five minutes later, an ambulance arrived. At that point, the elderly man still showed vital signs but was unconscious. He later died in the hospital due to multiple underlying conditions, including diabetes and heart disease.
The elderly man's family demanded compensation from the shop owner.
Ly recounted that the family believed the incident occurred in the shop and the owner had provided assistance, thus bearing responsibility. Ly stated he was willing to offer 2,000-3,000 yuan as humanitarian assistance, but the family demanded 100,000 yuan (over 380 million dong), threatening to place the body in front of the shop if compensation was not paid.
Both parties went to the police station two times to negotiate. Ultimately, the amount was reduced to 19,000 yuan (over 70 million dong).
Ly stated that his mother was severely affected by the incident, experiencing frequent insomnia, dizziness, and loss of appetite. Concerned for her health, his father agreed to pay the compensation.
The local police station confirmed that both parties had successfully mediated, and the money had been paid. If either party disagrees with the outcome, they can file a civil lawsuit.
Ly stated that on the evening of 23/8, authorities offered to reimburse his family the compensated amount.
On 24/8, the Qidong district Department of Justice in Hunan province announced that it had launched an investigation into the incident.
Lawyer Truong Kien Te of Ngu Lien Law Firm (Zhejiang), stated in an interview with Qianjiang Video that "no fault, no compensation" is a fundamental principle of civil liability for infringement of civil rights as stipulated in the Chinese Civil Code.
According to the lawyer, considering the entire sequence of events, a stranger feeling unwell entered the shop to rest. Upon noticing an unusual condition, the shop owner immediately provided assistance and arranged for emergency medical care. During this process, there was no indication of fault on the shop owner's part.
For example, there was no situation where the elderly man fell due to a slippery shop floor or was knocked down by another person. Therefore, the lawyer concluded, the incident lacks grounds to determine an infringement of civil rights, making it difficult to find legal provisions to support the compensation claim.
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Tue Anh (according to Dahenews, Guancha)
