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扶老人被索赔不能成为第二个彭宇案_我的网站

靳东疑暗讽金星

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8月23日,湖南一起事件引发舆论关注。    NEW YORK -- If people really looked for history at the New York City building where the Triangle Shirtwaist factory once existed, they could find it. There are plaques pointing out that it was the site of a horrific fire in 1911 that became a catalyst in the American labor movement's fight for workplace safety protections.But for some, a few words on a wall aren't nearly enough to honor the fire's 146 victims.So after years of effort, the Remember the Triangle Fire Coalition on Wednesday is dedicating a new memorial that has no chance of being overlooked.A giant steel ribbon with the names of those who died in the disaster, predominantly women and girls, has been installed running horizontally from one corner of the building. Underneath it, a reflective panel shows the stenciled names as well as quotes from people who were there, describing the mayhem. In the coming weeks, a vertical steel column will be added to the corner to span almost the entire height of the building, a reference to how high up the victims were stuck.It’s the story of desperate immigrant women, mostly Jewish and Italian, who were trapped by a door that was locked because there were no workplace safety rules that said it couldn’t be. Some jumped to their deaths from the windows to avoid the flames.“What they will see is a memorial that tries to build into the object itself the history of the fire, a history of working women, a history of Italians and Jews, a history of tragedy, but then also a history of change,” said Mary Anne Trasciatti, a Hofstra University professor and president of the coalition.The victims were close to the end of their working day on March 25, 1911, when a fire started on the eighth floor of the clothing factory, which took up the top floors of a building now owned by New York University.Frantic workers tried to get out as the flames spread to the ninth and 10th floors, some scrambling to get into an elevator, others heading for the roof. But others who tried to get past a door to escape found it locked, trapping them inside. At a trial of the factory’s owners afterward, some said the door had been kept locked on purpose, over theft concerns.Firefighters responded quickly. But their ladders were too short to get to the topmost floors.Horrified witnesses in the crowd watched as workers leapt from the windows. Among those bystanders was the late Frances Perkins, already an anti-poverty advocate trying to change workplace conditions, and who became even more dedicated after what she saw that day.“It really started her in her push for ‘we have to treat workers better,’” said Ileen DeVault, professor of labor history at Cornell University.Some of her words recollecting the day are part of the memorial, running along the reflective panel. “Every one of them was killed, everybody who jumped was killed.”Perkins would be part of a state commission that put a series of safety rules in place in New York that were emulated elsewhere, and later became an integral part of President Franklin Roosevelt’s cabinet as his secretary of labor. She pushed for policies like minimum wage, workers compensation, and old age pensions.One of the names on the memorial will be that of Rosie Weiner, who died in the blaze, but whose sister and fellow factory worker, Katie Weiner, made it out alive.Later, Weiner would recount how she grabbed an elevator cable to make her escape. Today, her great-niece, Suzanne Pred Bass, is on the board of the Remember the Triangle Fire Coalition. Growing up, Bass knew her great-aunt had lived through the fire, but it wasn’t until years later that she heard about Rosie.Bass’ mother remembered accompanying her mother as a small child to the pier where the victims' bodies were taken after the fire.“She never forgot that, she was 4 years old and I can only imagine how how scary and awful,” Bass said.Memorial designers Richard Joon Yoo and Uri Wegman wanted to find a way for modern-day people to connect with the fire and its legacy, they said. The public was invited a few years ago to contribute pieces of fabric that were joined together in a 300-foot (91-meter) “Collective Ribbon." That ribbon’s design was then etched onto the memorial steel that rises up toward the top of the building.It was important to make that connection between past and present because issues of labor, workplace protections, and how workers are treated are still far from settled in the country and the world, Yoo and Wegman said.“Everything that it talks about with women workers, immigration, labor, it’s these touch points that just keep on flaring up over and over and over again,” Yoo said, pointing out that industrial disasters, at garment factories and elsewhere, still happen around the globe.The two came up with the design for the memorial about a decade ago. It is coming to fruition, with a capital budget of about $3 million, during a year of labor activism in some U.S. industries, with strikes by auto workers, hospital staff, film and television writers and screen actors.It just shows that the Triangle Shirtwaist fire still has lessons to impart, Bass said.“We forget a tragedy like this at our own peril,” she said. “We have the same issues, immigrant issues, safe working condition issues, abuse of women in the workplace issues. It’s not like any of these issues are all fixed."。

二 | 据新京报报道,一名老人因身体不适进入一家棋牌店休息,约一分钟后晕倒,店主帮扶并拨打急救电话送医,老人最终不幸离世。事后,老人家属向店主索赔10万元,经两次协商,金额降至1.9万元,双方达成协议,赔偿款已支付。

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钱江视频记者从浙江五联律师事务所张建齐律师这里了解到,无过错即无赔偿是《民法典》关于民事侵权责任的基本原则,从事件描述来看,店主邀请身体不适的陌生人进店休息,在老人出现状况后立即帮扶就医,过程中没有体现出店家存在任何过错,比如因店内湿滑导致老人跌倒、或者被不幸被别人走路碰倒等情况,因此缺乏侵权行为的根本依据,法律上也找不到支持索赔的相关法条。法律层面的是非其实很清楚。店主主动接纳一位身体不适的陌生人进店歇脚,发现异常后第一时间帮扶送医,整个过程没有拖延,没有不当操作,更不存在任何侵权行为。老人离世与店家的善意举动之间缺乏法律上的因果关系。律师的专业判断和公众的朴素认知,都指向一个结论:店主无需承担赔偿责任。1.9万元被标注为"人道主义补偿款",店主一方并不认可自己有过错,只是不愿再被无休止的纠缠消耗下去。恰恰需要警惕的,就是这种“无过错却掏钱”的处理结果所释放的社会信号。一起个案的调解结果,不只是当事人之间的私事。它会被围观讨论、被公众当作未来行为的参照坐标。

四 | 如果一次善意帮扶的结局是好人不得不花钱换取安宁,那么公众接收到的信息就会变成“好人需要自证清白,甚至需要花钱自证清白”。多年前的彭宇案,曾留下深刻的社会创伤,“老人跌倒该不该扶”成为旷日持久的争论。此后多年,社会为修复那份被撕裂的信任付出了巨大代价。如今这起事件,绝不该成为第二个彭宇案!因为老人在店里出事,就将善意行为与侵权责任强行挂钩。如果此类索赔模式被反复纵容,被当作“正常操作”,那么下一次,面对路边晕倒的陌生人,犹豫和退缩就会成为更多人的本能反应。长此以往,受损的不是一笔1.9万元的款项,而是整个社会对善意行为的信心。每一个“花钱买平安”的先例,都在无形中抬高行善的门槛,降低冷漠的成本。处理此类案件,不能只看眼面前的“息事宁人”,更要算长远的社会账和人心账。

五 | 唯有让每一次公正的处理都成为善意的背书,普通人才敢在关键时刻毫不犹豫地伸出手。

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