Fortune Telling Collection - Comprehensive fortune-telling - Excuse me, legal person, what responsibility should a child bear if he accidentally knocked down an old man in his 90 s playing on the road?

Excuse me, legal person, what responsibility should a child bear if he accidentally knocked down an old man in his 90 s playing on the road?

According to the situation of the accident, it is necessary to determine how to divide the responsibility for the accident. Within the scope of responsibility, the guardian shall be liable for compensation. If it is really the responsibility of minor children, then minor guardians, that is, parents of minors, should bear the main medical and compensation responsibilities of the elderly.

Legal analysis

First of all, it is necessary to make clear how much responsibility the children and the elderly need to bear after the old man falls, which involves the responsibility ratio of both parties. Because minors are not full civil actors, they will not compensate themselves. The compensation for this piece needs compensation from his guardian, that is, his parents. The elderly have the right to claim compensation for the expenses incurred by the fall, including medical expenses, hospital food subsidies, nursing expenses, transportation expenses, etc. To sum up, according to the relevant laws and regulations, minors and children do not need to bear the responsibility, and the legal guardians of minors should bear the responsibility for the accidents and compensation caused by minors. First of all, they must be responsible for medical expenses and so on. According to relevant laws and regulations, personal injury liability requires compensation for the reasonable losses suffered by the other party, including medical expenses, lost time, transportation expenses, nutrition expenses, etc. As he is a minor, his parents bear this responsibility.

legal ground

People's Republic of China (PRC) Civil Code

Article 17 A natural person who has reached the age of 18 is an adult. A natural person under eighteen is a minor.

Article 188 If a person without civil capacity or with limited civil capacity causes damage to others, the guardian shall bear tort liability. If a guardian performs his guardianship duties, his tort liability may be reduced. If a person without capacity for civil conduct or a person with limited capacity for civil conduct has property and causes damage to others, he shall pay compensation with his own property; The insufficient part shall be compensated by the guardian.

Article 1201 If a person without or with limited capacity for civil conduct suffers personal injury from a third party outside a kindergarten, school or other educational institution during his study and life, the third party shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may claim compensation from third parties after assuming supplementary responsibilities.