Taoyuan Court: mentally ill person damage judge mediation court awarded compensation

2022-07-31 0 By

Mental patient, regard as the vulnerable group of society, need everybody’s care and take care of originally, but because guardian is careless at watch over, bring about mental patient to cause others to get hurt, how should law protect the legal rights and interests of mental patient and victim again?Recently, the Chou Xi Court of the Taoyuan County People’s Court accepted a case in which a mentally ill person violated another’s right to health. The victim received compensation in court after handling the judge’s preliminary work and court mediation.Yang mou, the victim of the case, is an old man living alone. His neighbor ma suffers from schizophrenia. His parents are usually busy with work, and Ma is alone at home for a long time.During 2015 to 2021, the pony hair during a few times to hurt Yang, ma ma father although compensation fees, but because of the long-term conflict between the two with the rest of the Yang loss never get compensation, the two sides in the district police station, the people’s mediation committee for mediation, but did not agree.After Yang appealed to the court, undertake the judge by understanding the case, several times after communication with all parties, timely organization Yang and ma’s legal agent (guardian) Ma for full consultation, the two sides finally reached a mediation agreement, Ma paid the remaining compensation 8000 yuan in court, the two sides to resolve conflicts, shake hands and make peace.So far, a mental patient to damage the case to get a satisfactory solution.In recent years, cases caused by mental patients have occurred repeatedly.According to article 1,188 of the Civil Code of the People’s Republic of China, if a person without or with limited capacity for civil conduct causes damage to others, his guardian shall bear tort liability.If a guardian fulfils his duty of guardianship, his tort liability may be reduced.Where a person without or with limited capacity for civil conduct who has property causes damage to another person, compensation expenses shall be paid out of his own property;Any deficiency shall be compensated by the guardian.If there is a mental patient in the home, the guardian should do his duty of guardianship and try not to let the mental patient stay at home alone or go out alone in order to prevent injury.If the guardian fails to fulfill his duty of guardianship, he shall also bear tort liability according to law.(Correspondent Chen Hong)