Recently, Ms. Liu from Beijing reported that on the afternoon of March 31, when she and her friends were walking on the edge of the Liangma River Scenic Trail in Beijing, their necks were suddenly hooked by a "flying" fish hook. Subsequently, Ms. Liu dialed 120 to go to the hospital for treatment. Upon diagnosis, a metal fishhook was seen on the front of his neck, about 0.5 cm deep, obliquely piercing into the skin.
On the morning of April 2, Ms. Liu said that she had made a record to the police station where the incident occurred. Since the incident, he still has obvious pain in his neck and difficulty swallowing.
In this regard, the perpetrator, Mr. Wang, responded that he would listen to the coordination of relevant parties at any time, negotiate and deal with the matter, and would never shirk responsibility. The police of the police station who received the police said that the matter is still being studied and will be carried out in accordance with the procedure.
Parties: Take a walk by the Liangma River
was stabbed by the fishing uncle
Diagnosis certificate (photo provided by the interviewee)
It is understood that the area where Ms. Liu was injured by a fish hook is located on the east side of Qiaoxia Road at the intersection of Xindong Road, Chaoyang District, Beijing.
"At that time, my friend and I were walking normally on the Liangma River Trail, and when I walked to this position, I suddenly felt as if someone was choking my neck, like a knife cutting my throat. Ms. Liu said that it was immediately before she and her friend realized that it was a fishhook that had been hooked into her neck. Subsequently, she went to the hospital accompanied by her friend and perpetrator, Mr. Wang, for treatment. The wound was diagnosed as being located between the artery and the trachea.
"Because the fish hook has barbs, so the doctor didn't dare to go out directly, whether the barb is directly perpendicular to the fish hook, or metal, the doctor said that it can only be operated. Ms. Liu said.
The fish hook taken out after being disposed of by a doctor (photo provided by the interviewee)
The medical records provided by Ms. Liu showed that a metal fishhook could be seen on the front of her neck piercing obliquely into the skin, about 0.5cm deep, and bleeding.
Ms. Liu said that the perpetrator, Mr. Wang, paid the treatment fee on March 31, and the follow-up treatment is still being negotiated with the other party.
Police: It will be done according to the normal process
Ms. Liu's neck was injured by a fish hook (photo by CCTV reporter Wang Ning)
A video of the scene of the incident, which lasted about 20 seconds, provided by Ms. Liu, showed that Mr. Wang, the angler who caused the accident, voluntarily admitted full responsibility and said that he was willing to pay compensation. In order to avoid subsequent disputes, Ms. Liu reported to the police and hoped to file a record. Ms. Liu said that on April 1, the Xinyuanli police station contacted her and made a record of her.
On the morning of the 2nd, the perpetrator, Mr. Wang, told reporters that Ms. Liu was indeed innocent and was injured by mistake. After the incident, he accompanied Ms. Liu to the hospital throughout the whole process, responsible for paying fees, registering, taking medicine and other matters, and reporting to the police station and making records. Although he did not mean it, he felt very guilty about the harm caused to Ms. Liu, and would listen to the coordination of relevant parties at any time, negotiate and deal with the matter, and never shirk responsibility. It is also hoped that the impact on Ms. Liu will be minimized and a reasonable solution will be reached with the injured party.
In response to this matter, on the same day, the police of the Xinyuanli Police Station of the Chaoyang Branch of the Beijing Municipal Public Security Bureau said, "We will definitely follow the process."
According to media reports, the Agricultural Comprehensive Law Enforcement Brigade under the Chaoyang District Agricultural Bureau of Beijing responded to the incident by saying that fishing is prohibited in the section of the river involved.
Previously, the staff of the Beijing Municipal Water Affairs Bureau responded to the media that except for the prohibition of fishing in water sources and other places, there are no restrictions on individual recreational fishing in other places for the time being.
"If there is a river that says no fishing, you can't fish. At present, there is no specific law on individual fishing, but we recommend that the public try to minimize fishing. This is because fish are good for the ecology of the river, and individual fishing can also pose safety concerns. The above-mentioned staff member said.
Lawyer: Tortious liability should be borne due to fault
Zhou Zhaocheng, a lawyer at Beijing Anjian Law Firm, believes that, firstly, according to the relevant provisions of the Civil Code of the mainland, if the actor infringes on the civil rights and interests of others due to his fault and causes damage, he should bear tort liability. However, liability may be waived for damages caused by acts such as legitimate self-defense and emergency avoidance. In civil law, the division of liability is usually based on the degree of fault of the parties.
Zhou Zhaocheng said that in this case, in the case of accidentally injuring pedestrians by fishing in the river, the division of responsibility should be based on the degree of fault of both parties. If the phisher is at fault, he shall bear the corresponding tort liability. If the pedestrian is also at fault, the liability of the angler can be reduced. When fishing in a river, anglers should foresee that their actions may pose a danger to others and should therefore take the necessary measures to prevent harm from occurring. If an angler fails to observe their surroundings when throwing a rod or fails to take appropriate precautions, resulting in injury to pedestrians, then the angler should be held responsible.
Fu Jian, director of Henan Zejin Law Firm, said that at present, judging from this matter, it should be an accident. Uncle Fishing Hook accidentally injures passers-by, which is a civil tort, and Uncle Fishing shall bear civil liability for damages. The parties can claim compensation from the uncle through direct negotiation, listing specific compensation items such as medical expenses, lost work expenses, mental loss expenses, and follow-up treatment expenses. If the uncle does not cooperate, he can file a civil lawsuit with the court, but he should pay attention to keeping relevant evidence, such as medical records, witness testimony, police records, photos of the scene, etc.
Expert: Be careful with your fishing area
Strengthen accountability notification
Liangma River Park (photo by CCTV reporter Wang Ning)
On the morning of the 2nd, the reporter visited both sides of the Liangma River and found that the number of anglers had not decreased, and the location of the anglers was not more than 3 meters away from the sidewalk. There are relevant safety reminder boards on the bank of the Liangma River, and security personnel patrol along the line from time to time, but there are no signs prohibiting fishing.
A fishing enthusiast told reporters that hurtful things rarely happen, which may be related to lack of concentration.
Ms. Liu said that for this matter, she would like to bring some tips and thoughts to everyone, that is, how to ensure safety when fishing and walking people share an area at the same time, and try to avoid this risk. At the same time, she also hopes that through this matter, the relevant departments can pay attention to it, optimize and improve the relevant countermeasures, not only to meet the needs of fishing enthusiasts, but also to ensure the safety of pedestrians.
Qi Fanhua, a researcher at the National Institute of Development and Strategy at Renmin University of Chinese and a professor at the School of Public Administration, said that from the perspective of the government's service role, it is first necessary to carefully arrange fishing areas, focusing on rivers and lakes with sparse pedestrians. Secondly, it is necessary to inform anglers of their responsibilities, clarify safety knowledge, prevent the occurrence of injuries, take the initiative to assume the responsibility for treatment, and purchase relevant injury insurance.
In addition, Qi said, the government should regulate the safety of fishing gear standards, focusing on recreation and fitness, rather than fishing for livelihood. At the same time, all kinds of fishing clubs are encouraged to popularize the knowledge of safety responsibility, mobilize the enthusiasm of non-profit organizations to participate in social governance, and jointly achieve good social governance.
Source: China Education Daily