"Helped After a Fall, Then Told to Pay Up": Uproar Over Absurd Damages Claim
Non-Contact Accident on Rural Road in Fujian Province, China
Woman Who Fell Sues Teenagers Who Helped Her for Damages
Files Lawsuit Seeking Around 40 Million Won for Treatment and Emotional Distress
Chinese Internet Users Ask, "Who Will Help Next
In Fujian Province, China, middle school students who helped a woman who fell off her bicycle have instead been embroiled in a large damages lawsuit, sparking controversy.
On the 23rd, Yonhap News TV, citing HK01 and the Yangcheng Evening News, reported that local internet users are outraged over a non-contact accident that occurred on a rural road.
The accident occurred in March last year on a rural road in Putian City, Fujian Province.
Middle school students who helped a woman who fell off her bicycle in Fujian Province, China have instead been embroiled in a large damages lawsuit, sparking controversy. HK01
View original imageMs. A, who was riding a bicycle, lost her balance and fell while trying to avoid a white vehicle on a curved road near an intersection. Closed-circuit television (CCTV) footage showed there was no direct collision with the vehicle. At the time, 14-year-old Ms. B and 15-year-old Ms. C, who were coming from behind Ms. A on an electric bicycle (electric scooter), reportedly ran over to her as soon as they saw her fall, helped her up, and moved her bicycle.
However, Ms. A later filed a civil lawsuit against the two students, claiming that their electric bicycle suddenly appeared and startled her, causing the accident. She demanded a total of 220,000 yuan (about 46 million to 47 million won), including 12 days of hospitalization costs, nursing care expenses, and compensation for emotional distress.
Ms. A, who was riding a bicycle, lost her balance and fell while trying to avoid a white vehicle on a curved road near an intersection. Closed-circuit television (CCTV) footage showed there was no direct collision with the vehicle. HK01
View original imageThe traffic authorities classified this case as a "non-contact traffic accident." The investigation concluded that the main cause was Ms. A’s failure to adequately observe the road conditions. However, they found that Ms. B, who was driving the electric bicycle, bore partial responsibility due to reasons such as underage illegal driving and failure to yield when turning. Ms. C, who was riding with her, was found to bear no responsibility.
The students’ parents said in an interview with local media, "The children helped out with pure intentions but suffered severe psychological trauma," adding, "Even if they see a similar situation in the future, it will be hard for them to step forward easily." Once the case became public, criticism poured in online, with many asking, "Why should the students pay compensation when they did not directly cause the accident?" Some internet users even raised suspicions that it was an "insurance fraud-type accident." As the controversy grew, Ms. A was reported to have belatedly withdrawn the lawsuit.
Meanwhile, similar cases have occurred in South Korea as well. In 2017 in Busan, there was a case in which a citizen who was helping a victim at a traffic accident scene was injured in a secondary accident, leading to a legal dispute over the extent of liability. In addition, in some fall-accident cases, complaints were filed seeking to hold helpers responsible, claiming that additional injuries occurred during the rescue process.
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However, in South Korea there are provisions reflecting the intent of a "Good Samaritan law." Article 5-2 of the Emergency Medical Service Act stipulates that when a person rescues a patient whose life is in danger, civil and criminal liability may be reduced or exempted unless there is intent or gross negligence. Accordingly, it is generally the case that broad liability is not imposed for simple good-faith rescue acts.
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