The man plays with the shotgun and cocks off and kills oneself to go hunting the companion is taken to the court

The man plays with the shotgun and cocks off and kills oneself to go hunting the companion is taken to the court
While going hunting on the mountain, the shotgun cocks off because of carelessness, has killed oneself, but the other persons who go hunting together should still bear the responsibility of civil compensation. On July 24 of 2009, will swim some,etc. 9 will go hunting fans differentiate times four motorcycles make an appointment to hunt. After reaching the place, Jia and other four people who visit some requirement among them check the foot mark of the wild boar, and should use for keeping the card with the remaining person for him. Because the weather rains during going hunting, visit some to go to take shelter from rain, while going out of the bank of rock, its guns held cock off and kill oneself on the spot carelessly. The county people's court of Hunan Province Longshan held a hearing to this case publicly recently.
Swim some wives and children lodge a complaint against other 8 persons going hunting together, tell, claim because rifle this to offer by one of the defendants Jia, visit, it holds a gun to be for including eight defendants common interests by some, eight defendants have the duty to look after each other with it, because is going hunting resulting interests are being shared togethering, so the risk brought from this should be undertaken together, require eight defendants to compensate the death damages of 45000 yuan, child's cost of maintenance is 13317.5 yuan, two expenses add up to 58317.5 yuan. But other defendants think though everybody goes hunting together, it is all spontaneous to drive wild boars, it is not an organization, everybody does not have common interests, after just make dash for the wild boar " L The persons who see have shares " ,How much wild pork is divided, and the one that watched over the persons of the card and all separated each other among the persons who cuts the foot mark while going hunting is farther, obligation and ability not looking after each other between everybody, everybody has already paid the bill for humanitarianism after meeting accident, should not compensate again.
Think, it is that one stresses whole course of uniting and cooperating to go hunting together after trying, a series of stage that it including set divides the work, sets out, goes up a hill, goes down the hill and goes home separately,etc., if catch after the prey and share together. Eight defendant and the dead know perfectly well it go hunting rifle offspring taken makes illegally, lack security seriously, go hunting the wild boar has very much loud risks, they cooperate in, go hunting still, according to the local customs, ought to benefits-sharing,shared risks; But the dead swim some is an adult, should notice in the course of going hunting oneself is safe, should take the main responsibility in his death, eight defendants should be according to the losses of the appropriate compensation plaintiff of the fair principle. According to>Article 4, offer plaintiff of compensation every loss 5500 Jia of shotgun by the intersection of article 119 and judgement, other seven defendants compensate the plaintiff for every loss separately 4500 yuan.
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