General Provisions

Abstract

Case::

Bozhao Wang vs. Weijian Zhang et al.

Facts::

Defendant and Plaintiff were screen actors in the same ancient costume movie. In the characters Plaintiff and Defendant played during the shooting of episode 34 scene 8, the Defendant struck the Plaintiff, as required by the story line, causing Plaintiff multiple bodily injuries.

Issue::

Was Defendant liable for unavoidable accidental minor injuries resulting from the nature of the job?

Holding::

Plaintiff’s minor injuries caused by Defendant during the shooting obviously went beyond what was necessary. However, considering the specificity of action movie filming, these kinds of injuries were unavoidable. Additionally, Defendant actively apologized after the event. In sum, intentional injuries could not be proved by sufficient evidence. Defendant was not liable for the accidentally caused injuries.

Rule::

Defendant is not liable due to the mere existence of injuries. Subjective intention of the actor and objective circumstances of the injury should be considered.