The old man picked up the abandoned empty bottle and fell for 6 hours without help. Do we need to help the old man who fell to the ground?

In the green belt next to Baisha Avenue in Nanning, Guangxi, the old man walked into the lawn and picked up the discarded beverage bottles on the ground. Suddenly I don't know what I stepped on and fell to the ground. Struggling for 6 hours, because no one saved, the sun died. Due to the fruitless negotiation, the family members of the elderly took the four units involved to court.

Basic information:

The weather in the south is very hot. An old man accidentally fell while picking up abandoned mineral water bottles in the green belt on Baisha Avenue in Nanning, Guangxi. The old man struggled several times to stand up, but failed.

So, I kept shaking my fan, trying to attract the attention of passers-by. Later, two pedestrians stopped at the roadside. The first one saw the old man, ignored him and went straight away. The second one looked ahead and walked away.

The old man kept shaking the branches and slowly stopped struggling. After that, the security guard found the police. 120. Unfortunately, the surface temperature was above 35 degrees, and the old man finally died after six hours of exposure.

Afterwards, the family members of the elderly took four units to court for the following reasons:

At the high temperature of 1 35, the old man fell down, and the staff of the 4S shop next to him came to inquire, but they didn't stop him or call the police, and the 4S shop was responsible for compensation. Therefore, these family members took two 4S stores next to them to court, and one of them sued the head office.

2. The green belt management company has not done a good job in warning and repairing, and it has to compensate the responsible person.

3. The total claim amount is 200,000 yuan.

The court rejected all the plaintiff's claims, and the defendant was not responsible.

This case is an actual case, and the situation is different. Addition and deletion here are for legal discussion only.

Why did the court rule that the plaintiff was not liable?

According to Article 24 of the Tort Liability Law, if the victim and the actor are not at fault for the occurrence of the damage, they can share the loss according to the actual situation.

In the above cases, the danger of the elderly is not caused by pedestrians parking on the roadside, so pedestrians have no obligation to help. Article 6 of the Tort Liability Law, if an actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. Similarly, the two 4S stores have no obligation to rescue.

If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability. Article 7 Where an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

Article 91 of the Tort Liability Law: If anyone digs, repairs or installs underground facilities in public places or roads without setting obvious signs and taking safety measures, causing damage to others, the constructor shall bear the tort liability.

In the above cases, the place where the old man fell was the green belt, not digging holes, maintaining or installing underground facilities in public places or roads. From the experience of the old man falling, it is difficult to find that the green belt is divided by boundary markers, and pedestrians are not allowed to enter the green belt to trample on the lawn. Therefore, it is difficult to find out what is wrong with the green belt property unit.