In 2019, a court in Guangzhou ruled that the parents of a boy who collapsed and died on a bus claimed 500,000 yuan in compensation

2022-06-04 0 By

When a bus driver runs his vehicle and finds that one of the passengers has fainted, should he stick to his post and wait for instructions from his superiors, or should he put human life above all else and immediately send him to the hospital?One afternoon last February, a 60-year-old man fainted from his seat shortly after boarding a bus from Jindi Shangcheng station to Guantang station in Guangzhou.At that time, the driver immediately found the situation in the roadside parking, came to the old man found each other in critical condition, in need of timely rescue.The bus driver called the emergency number 120 and then, together with other passengers, performed moderate and routine resuscitation measures on the elderly.Three minutes after the incident, the old man still showed no signs of being out of danger, so the driver immediately took the old man to the nearest hospital after obtaining the passenger’s consent, and together with the passenger sent the old man to the emergency room.The 60-year-old was eventually resuscitated, while the driver and other passengers returned to their normal lives.Later, after the driver was found, the Guangzhou Good Samaritans Foundation awarded him a good samaritans certificate and a positive energy bonus for his good samaritans act.It is not unique for drivers to take passengers to hospital after they become ill, but such acts of good samaritans are common in cities across the country.In the society, there is a saying “help is love, not help is duty”. In work and life, some things are not a problem of help or not help. When an accident happens, as a close relation of the party, there is the obligation to rescue, emergency call rescue after the incident, sent to the hospital for treatment.As operators and managers of business places or public places, they also have the obligation of security and rescue. When someone is found unwell in the place, they need to contact the hospital and strive for treatment time for the other party.At around 9 a.m. on August 8, 2019, a mother and her son got on a Bus no. 15 in Panyu District, Guangzhou, Guangdong Province.About 20 minutes after the couple got into the car, their 14-year-old son suddenly felt unwell and collapsed in the car, prompting Xiong to shout “Stop, someone has fainted”.The bus driver immediately pulls over to the side of the road when he hears that there is an emergency in the car and asks other passengers to call 120. He then reports the situation in the car to the company and waits for instructions.In the first six minutes after the 14-year-old collapsed, the driver repeatedly alerted the company and took pictures of the scene and the boy, which was located near a hospital.After seeing the driver taking photos and reporting the situation, Xiong and other passengers in the car could not sit still and asked him to take the teenager to a nearby hospital first, but the driver did not listen to them and waited for an ambulance to arrive.After waiting for six minutes, Xiong got off with her son. Some of the passengers and the bus driver also got off to help her stop a private car, which then drove xiong and her son to a nearby hospital.After the incident was dealt with, the passengers returned to the bus and the driver continued to operate the bus.But more than half a month after the incident, the bus company and the driver were sued by Xiong.Xiong’s son was rushed to a hospital where medical staff tried to resuscitate him, but he eventually died of sudden cardiac death on July 29.She believes that the bus driver’s inaction delayed the child’s treatment, so she applied to the court, asking the bus company to compensate her son’s death after the economic loss of more than 500,000 yuan.According to the first paragraph of Article 823 of the Civil Code, the carrier shall be liable for the injury or death of passengers in the course of transport.However, the injury or death is caused by the passenger’s own health or the carrier proves that the injury or death is caused by the passenger’s intentional or gross negligence.The first-instance court held that in this case, the teenager’s death was caused by sudden cardiac death due to his own physical health, and there was no direct causal relationship between the driver’s driving behavior of Yufan No. 15 bus, and there was no tort compensation liability for the passenger’s coma caused by improper driving behavior.But at the time of the accident, the bus driver did not actively fulfill the statutory obligation of assistance. Objectively, its negative performance of the obligation of assistance led to the delay of sending the doctor to miss the best time for treatment, and there was a certain fault between the result of the passenger’s death.Therefore, the first-instance court found that the bus company should bear 20 percent of the responsibility for the incident and compensate Ms. Xiong and her family members for various economic items totaling 250,000 yuan.The bus company appealed.At the time of the incident, Xiong’s bus was in operation, and passengers bought tickets to ride, which was convenient for the bus company to have the relationship of passenger transport contract. When passengers on its bus appeared unwell in this special situation, as the driver is obliged to rescue.Of course, in the implementation of the obligation of relief, it is also necessary to make a judgment according to the actual situation at that time and make the most favorable decision.At the same time, in the process of the incident, the driver stopped the car at the first time and asked passengers to call the emergency number to wait for the arrival of the rescue vehicle. After reporting the situation to the superior, he waited for instructions.At this point, as a driver, its has done a reasonable range of assistance obligations.At the time of the accident, it was the morning rush hour of road traffic. There were many vehicles on the road and passenger vehicles were large, so they did not have the speed advantage in the morning rush hour. Therefore, it was not improper to transport the patient to the hospital by private car.However, due to the proximity of the incident to the hospital, Ms. Xiong and other passengers did not choose to send them to the hospital immediately when they asked for it, which may have delayed the treatment time of the patients objectively.Therefore, guangzhou Intermediate People’s Court of the second instance held that the bus company should take the protection of passengers’ lives as the first priority when passengers’ lives were in danger, and the driver did not send them to the hospital in time to some extent.However, the fundamental cause of the teenager’s death lies in its own physical factors, so the bus company can not be too demanding, let it do more responsibilities and obligations.In the end, the court ordered the bus company to pay 80, 000 yuan to the family of the deceased, Ms. Xiong and others.