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Judicial examination case "explaining the law by case": students were injured while practicing boxing in the club, but they complained that sparring was not compensated.
Judicial examination case "explaining the law by case": students were injured while practicing boxing in the club, but they complained that sparring was not compensated.

Mr. Wang took part in the boxing class of the club, and his left arm was injured because of a fight. Diagnosed by the hospital, Mr. Wang fractured his left ulna, so Mr. Wang * * * spent more than RMB 10000 on medical expenses and hospital meals. Later, Mr. Wang sued Mr. Zheng, the trainer, to the court, demanding compensation for medical expenses and meals totaling 1 154 1.27 yuan. Recently, the Haidian District People's Court of Beijing concluded the case, and the first-instance judgment rejected all Mr. Wang's applications.

Mr. Wang claimed that on May 9 this year, when he was fighting with Mr. Zheng in the club, Mr. Zheng's right foot kicked his left arm. At that time, he felt a sharp pain and his arm could not move. At noon, he left the club and went to the hospital for a diagnosis of fracture. After that, he went through the hospitalization formalities. Mr. Wang believed that Mr. Zheng's behavior constituted infringement, and the two sides could not reach an agreement on compensation, so he sued Mr. Zheng to the court.

During the trial, lawyer Zheng argued that both sides wore protective gear during boxing sparring, and their movements were standardized and their strength was very light. After the practice, Mr. Wang left the boxing gym without telling anyone that he was in poor health. Therefore, during this period, any accident that occurred after Mr. Wang left the boxing gym cannot be ruled out, and Mr. Wang did not provide evidence to prove that his physical injury was caused by Mr. Zheng. The injury suffered by Mr. Wang has no causal relationship with Mr. Zheng, and Mr. Zheng does not agree to compensation.

The court found through trial that on February 26th, 2006, 2065438, Mr. Wang signed a club membership agreement, and Mr. Zheng was a member of the club. The "Discharge Diagnosis Certificate" held by Mr. Wang shows that the patient suffered a fracture of the left ulna due to his own fall. Upon inquiry, Mr. Wang said that when the doctor asked if it was a fall or a fall, Mr. Wang told the doctor that it was a fall. Mr. Zheng recognizes the authenticity of the above-mentioned diagnosis certificate, but does not recognize its relevance to this case and the purpose of proof.

After the trial, the court held that the hospital diagnosis certificate provided by Mr. Wang could only prove the fact that Mr. Wang was injured, but could not prove that Mr. Wang's injury was caused by Mr. Zheng's sports behavior, and the hospital diagnosis certificate clearly stated that the patient suffered from ulnar fracture due to his own fall. At the same time, during the trial, Mr. Wang also admitted that he had fought with others before fighting with Mr. Zheng. After explanation, Mr. Wang failed to submit video and other evidence to the court to prove that his injury was caused by Mr. Zheng's behavior. Therefore, it is concluded that there is no causal relationship between Mr. Wang's injury and Mr. Zheng's behavior. In addition, fighting is a competitive sport, which has the characteristics of group, antagonism and personal danger, so it should be normal to have personal injuries. As a person with full capacity for civil conduct, Mr. Wang should foresee the possible risks and voluntarily participate in the training. Moreover, Mr. Zheng's behavior did not violate the rules of sports, did not have the intention of subjective injury, and did not have the constitutive elements of tort. Therefore, Mr. Wang's request for Mr. Zheng to pay medical expenses and meals to him lacks corresponding facts and legal basis, and the court does not support it. So the court made the above judgment.