Chinese Court Rules Neighbor Liable for Elderly Man's Death After Heated Argument

In a surprising turn of events, a court in Shanghai has ruled that a neighbor, Shen Ayi, is liable for 5% of the damages in a case where her argument with a 70-year-old neighbor, Zhang, resulted in his death from acute myocardial infarction. The incident occurred when Shen Ayi placed construction waste in a public area, leading to a heated dispute between the two neighbors. Despite Shen Ayi's claims that she was not aware of Zhang's pre-existing heart condition, the court found that she should have been aware of the potential consequences of their argument, given their long-standing neighborly relationship and Zhang's advanced age.

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8 February 2025

The confrontation between the two neighbors began when Shen's family dumped construction waste in a public area, prompting Zhang to confront them. Despite a village committee's request to remove the waste, Shen's family refused, leading to a verbal confrontation between the two neighbors. The confrontation escalated, with both parties exchanging insults. Shortly after, Zhang returned to his home, where he collapsed and was rushed to the hospital. Unfortunately, he was pronounced dead, with the direct cause of death being acute myocardial infarction.

Zhang's family subsequently filed a lawsuit against Shen, seeking compensation of nearly 600,000 yuan for medical expenses, rescue costs, transportation, nursing fees, funeral expenses, and death compensation. The family argued that Shen's actions were the direct cause of Zhang's death, as the dispute had triggered his heart attack. However, Shen's defense team countered that Zhang had pre-existing health conditions, including high blood pressure and a history of heart disease, which were the primary causes of his death.

申度新闻
Fri Feb 07 18:10:18 +0800 2025
【#老人吵架后去世邻居被判赔偿#法院:邻居承担5%赔偿责任】因邻居把建筑垃圾堆在公共部位,年过七旬的张阿伯(化名)与邻居争吵起来。谁知吵完架刚回到家门口,张阿伯就倒下了,送医后仍不治身亡,直接死因为急性心梗。张阿伯的家人遂将邻居诉至上海嘉定法院,索赔近60万元。法院认为,根据村委会工作人员的证言,张阿伯倒地之前曾与邻居沈阿婆(化名)发生过争吵,而发生争吵的起因是被告沈阿婆家在村委会多次要求下未主动拆除旧房围墙,在村委会工作人员上门拆除时,原、被告两户原本已就拆除围墙以及双方都不允许在两家相邻的弄堂堆放东西或者使用弄堂达成协议,但沈阿婆仍强行将村委会工作人员拆除围墙的砖头拿走,并堆放在原、被告两户弄堂中间,行为显然不当。虽现无证据证明沈阿婆对于张阿伯患有心脏病的情况知情,但原、被告两家系多年邻居,张阿伯已过七旬,从一般理性人角度出发,沈阿婆应当认识到激烈争吵对老年人带来的情绪激动以及一系列可能的法律后果,但仍与张阿伯发生争吵,未尽到一般人审慎注意义务,存在过失。其次,张阿伯直接死亡原因为急性心梗,其发病时间是在与沈阿婆刚刚争吵完毕,可以确认双方的争吵行为导致本身患有心脏病的张阿伯情绪激动、病情发作,与张阿伯的死亡之间存在法律上的因果关系,沈阿婆应当承担相应的侵权责任。再次,张阿伯与沈阿婆并无身体接触,正常情况下其吵闹行为不会导致张阿伯发生生命危险,虽然沈阿婆言行不当存在过错,但本身不具有侵害张阿伯生命的故意,张阿伯死亡的主要原因还是在于其自身疾病。且张阿伯明知自己存在既往高血压、心脏病病史应该避免情绪激动,但仍与沈阿婆争吵,对死亡后果,张阿伯自身存在主要过错,应减轻沈阿婆的赔偿责任。综合本案实际情况,法院酌情判令沈阿婆对张阿伯的损失承担5%的赔偿责任。除律师费、精神损失费由沈阿婆全额承担外,其余各项损失由沈阿婆承担5%。最终,法院判决沈阿婆赔偿原告张阿伯的家人4万余元。详见视频:申度新闻的微博视频
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The court's decision was based on the fact that Shen Ayi's actions were deemed to be "obviously inappropriate" and that she had failed to exercise due caution in her interaction with Zhang. However, the court also took into account that Shen Ayi did not intend to harm Zhang and that the primary cause of Zhang's death was his pre-existing medical condition. As a result, the court ruled that Shen Ayi was only partially responsible for Zhang's death and ordered her to pay 5% of the damages, amounting to over 40,000 yuan.

This case highlights the complexities of determining liability in cases where an individual's actions may have contributed to another person's death, but where the deceased also had pre-existing medical conditions. The court's decision serves as a reminder of the importance of being mindful of the potential consequences of one's actions, particularly when interacting with elderly or vulnerable individuals.

The ruling underscores the significance of taking responsibility for one's actions and their consequences. It also emphasizes the need for individuals to be aware of the potential impact of their behavior on others, particularly those who may be more vulnerable or sensitive. Furthermore, this case emphasizes the importance of maintaining a respectful and peaceful living environment. The dispute between the two neighbors, which began over a relatively minor issue, escalated into a heated argument that ultimately led to tragic consequences.

Ultimately, this case should prompt all of us to reflect on our behavior and interactions with those around us. By being more considerate, empathetic, and respectful, we can create a more positive and supportive community, where such tragic incidents can be avoided. As we go about our daily lives, we must remember that our words and actions have the power to impact those around us, and it is our responsibility to use them wisely. The importance of emotional control and concession in neighborly relationships cannot be overstated, and by being more mindful and considerate of others' feelings, especially the elderly, we can create a more harmonious and respectful living environment.

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