The old man fell, should he help him?

I have struggled with this issue for a long time as to whether to support the elderly when they fall.

Prevent helping the elderly and preventing blackmail

1. Don’t rush to help the elderly up if they fall. If possible, call the emergency doctor first, and then carry out early treatment to avoid secondary damage

When you see an old man falling, you must save him. Instead, carefully observe the elderly person's condition and, if possible, call the emergency doctor before providing early treatment. According to the "Technical Guidelines for Fall Intervention for the Elderly" published by the Ministry of Health: Do not rush to help, but deal with the situation according to the situation. If the elderly is conscious, the rescuer should ask the elderly about the fall and whether they have memory of the fall process; if they cannot remember, , it may be syncope or cerebrovascular accident, and the elderly person should be escorted to the hospital immediately or make an emergency call. And try calling for help to see if there are medical professionals nearby.

2. Collect evidence before rescue, seek help from a third party and rescue, or retain relevant information about the third party as a witness

Based on social reality , before rescuing an elderly person who has fallen, you can refer to the "inversion of evidence" system that medical staff have to face, and collect evidence before providing treatment. When helping an elderly person who has fallen, you can seek help from a third party and provide assistance together, or you can seek relevant information from the third party and keep it as a witness. Only with complete information can the truth of the incident be completely restored, and the rescuer can escape the possibility of being falsely accused.

In November 2013, in Dazhou, Sichuan, "three children helped an old lady who fell down and were framed for compensation." Afterwards, the police said that three witnesses confirmed that the injured old lady Jiang Moumou fell by herself. , not pushed down by three kids. His behavior was considered extortion, and it was decided to impose a penalty of administrative detention for 7 days (because he was over 70 years old, it was decided not to be executed in accordance with the law).

3. In addition to witnesses, the rescue process should also be photographed and recorded, which can be used as evidence to protect rights and interests in the future

In addition to seeking witnesses, physical evidence should be preserved as much as possible and used Mobile phones, digital cameras and other photographic equipment can take photos and leave the original condition of the scene, or record videos and audio recordings of the rescue process, and record the contact information of witnesses. Or you can pay attention to the scene where the incident occurred and whether there are cameras and other monitoring facilities around it. This can also be used as evidence to protect your rights and interests in the future. Only in this way, the rescuer will not face greater risks besides his own efforts. Due to symmetric information, the rescued cannot transfer responsibility to the rescuer.

On August 26, 2011, long-distance bus driver Yin Hongbin and flight attendant Yu Weizhen from Nantong, Jiangsu Province helped an old lady who was injured on the road. Afterwards, the driver was identified as the "culprit". Fortunately, the vehicles driven by Yin Hongbin and Yu Weizhen were equipped with surveillance cameras, which recorded the entire rescue process, and they were able to prove their innocence.

4. Adhere to the litigation principle of "whoever asserts shall provide evidence." Only when it is proved that the rescuer has indeed committed an infringement can he be held responsible.

The current legal evidence rules stipulate that "whoever asserts shall provide evidence." The burden of proof principle. Therefore, once the rescuer is falsely accused, we should first adhere to the litigation principle of "whoever claims it must provide evidence", and the person who blackmailed the good person should provide evidence himself. In cases where the truth cannot be ascertained and both parties cannot prove that their evidence has stronger probative force, it is directly presumed that the rescuer is not the perpetrator, and the burden of proof to prove that the rescuer is the perpetrator lies with the rescued person. In the absence of proof, equitable liability cannot be applied, and the rescuer should be held not liable.