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【案例】陈某在某餐厅与朋友聚餐。进餐过程中,两个陌生人相互殴打着突然闯进来,陈某也遭到袭击,手部受伤,经治疗花去各项费用共计1.34万元,事后陈某将该餐厅告上法院。该餐厅认为,发生的打斗事件无法预料,故请求法院驳回陈某的诉讼请求。法院经查,相互殴斗的双方是一楼顾客,双方平时就有积怨,在餐厅遇到后又因小事发生争执所致,并在一楼相互拉扯近10分钟,餐厅未报警,只是口头劝告未果。【说法】法庭审理认为,依据《最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》第六条第二款规定:“因第三人侵权导致损害结果发生的,由实
[Case] Chen dinner with friends in a restaurant. Meal during the meal, two strangers beat each other and suddenly broke into, Chen has also been attacked, hand injuries, the treatment cost spent a total of 13,400 yuan, after the restaurant Chen Chen sued the court. The restaurant that the fighting incident occurred unpredictable, so ask the court dismissed Chen’s claim. After the court investigated and fought each other, the two parties were on the first floor. The two sides usually had grievances. After the restaurant confronted with a trifle dispute, they pulled each other for about 10 minutes on the first floor. The restaurant did not report the alarm but merely gave verbal advice Failed. [Argument] court trial, based on ”Supreme People’s Court on the trial of personal injury compensation law applicable to a number of issues on the interpretation of“ Article 6, paragraph 2: ”infringement as a result of third-party damage results, by the fact