"Helped After a Fall, Then Told to Pay Up": Uproar Over Absurd Damages Claim

Non-Contact Accident on Rural Road in Fujian Province, China
Woman Who Fell Sues Teenagers Who Helped Her for Damages
Files Lawsuit Seeking Around 40 Million Won for Treatment and Emotional Distress
Chinese Internet Users Ask, "Who Will Help Next Time?"
Lawsuit Eventually Withdrawn as Public Criticism Spreads

In Fujian Province, China, middle school students who helped a woman who fell off her bicycle have instead become embroiled in a lawsuit seeking large damages, sparking controversy.

On the 23rd, Yonhap News TV, citing HK01 and Yangcheng Evening News, reported that local internet users are outraged over a non-contact accident that occurred on a rural road.

The accident took place in March last year on a rural road in Putian City, Fujian Province.

Middle school students who helped a woman who fell off her bicycle in Fujian Province, China have instead been embroiled in a large damages lawsuit, sparking controversy. HK01

Ms A, who was riding a bicycle, lost her balance and fell by herself while trying to avoid a white car on a curved section of road near an intersection. Closed-circuit television (CCTV) footage confirmed there was no direct collision with the vehicle. At the time, 14-year-old Ms B and 15-year-old Ms C, who were riding an electric bicycle (electric scooter) behind Ms A, reportedly rushed over when they saw Ms A fall, helped her up, and moved her bicycle.

However, Ms A later filed a civil lawsuit against the two students, claiming that their electric bicycle suddenly appeared and startled her, causing the accident. She sought a total of 220,000 yuan (about 46 million to 47 million won), including 12 days of hospitalization costs, nursing care expenses, and compensation for emotional distress.

Ms. A, who was riding a bicycle, lost her balance and fell while trying to avoid a white vehicle on a curved road near an intersection. Closed-circuit television (CCTV) footage showed there was no direct collision with the vehicle. HK01

The traffic authorities classified this incident as a "non-contact traffic accident." The investigation concluded that the main cause was Ms A’s failure to sufficiently observe the road conditions. However, they found that Ms B, who was operating the electric bicycle, bore partial responsibility due to reasons such as underage illegal driving and failure to yield when turning. Ms C, who was riding as a passenger, was found to have no responsibility.

In an interview with local media, the students' parents said, "The children helped out with pure intentions but suffered severe psychological trauma," adding, "Even if they see a similar situation in the future, it will be hard for them to step forward readily." After the incident became known, online criticism mounted, with many asking, "Why should the students pay compensation when they did not directly cause the accident?" Some internet users even raised suspicions that it was an "insurance fraud-type accident." As the controversy grew, Ms A reportedly withdrew the lawsuit belatedly.

Meanwhile, similar cases have occurred in Korea as well. In 2017 in Busan, there was a case in which a citizen who was helping a victim at a traffic accident scene was injured in a secondary accident, leading to a legal dispute over the scope of liability. In addition, in some fall-accident cases, complaints have been filed seeking to hold helpers responsible, claiming that additional injuries occurred during the rescue process.

However, in Korea there are provisions that reflect the spirit of the "Good Samaritan law." Article 5-2 of the Emergency Medical Services Act stipulates that when a person rescues a patient whose life is in danger, civil and criminal liability may be reduced or exempted if there is no intent or gross negligence. Accordingly, it is generally the case that broad liability is not imposed for simple good-faith rescue actions.