Immediate review | An elderly person died suddenly while borrowing a toilet, and the family's claim is blocking the way for others to seek help. In August 2024, a 70 year old man named Huang went to a health management center in Foshan, Guangdong to borrow a toilet, and the elderly person died suddenly in the toilet afterwards. His relatives have filed a claim for 213538.8 yuan against the center. However, the first and second instance courts rejected all the claims of the family members. The court believes that the center operator and staff have fulfilled their reasonable safety obligations by promptly dialing 120 and knocking on the door to check when they found abnormalities in the elderly's use of the toilet. Renting toilets without compensation is considered a "goodwill gesture" behavior, and if there is no gross negligence and reasonable obligations have been fulfilled, no responsibility should be borne. Kind hearted lending the toilet to the elderly for the sake of "convenience" actually caused me big trouble. Not only did I "lose my life", but I was also sued for more than 200000 yuan. The lawsuit went from first instance to second instance, but fortunately, the two courts upheld justice and did not support the family's claims. The so-called 'social apathy' has always been a hot topic on the internet, and whether the elderly and children can be helped or not often becomes an inner struggle. It's not that people have hardened their hearts, but rather that they are concerned about the "legal risks" behind it: will a small gesture bring unpredictable legal risks to themselves? In recent years, there has been a saying circulating online: "Seemingly bizarre regulations must have had even more bizarre stories behind them." Sometimes, a small gesture between strangers can trigger a "Zhongshan wolf style" claim for rights protection, which is why there are so many seemingly unreasonable regulations in the world. We always hope that the world becomes warm, and that our elderly, children, and pregnant women can receive care and help from others outside. However, the legal risks behind those good intentions must be eliminated, and the bottom line of judicial judgment must be firmly established. It is not about who is weak and who is right, but who is wrong and who bears responsibility. Sometimes it seems like taking care of the disadvantaged, but in the end, it blocks the way for later generations to seek help. In this case, the Health Management Center lent the toilet to Mr. Wang for free without charging any fees, which actually increased their own cleaning costs. This small kindness should be protected by the law and should not be criticized for kindness or "kindness giving" behavior. The so-called 'good intentions and favors' refer to the unintentional establishment of legal rights and obligations between parties, and the implementation of a relationship based on good moral standards by one party to benefit the other, aimed at enhancing friendship. In daily life, 'kindness and generosity' have also achieved countless acts of mutual care and kindness between strangers, such as driving with colleagues, helping classmates get a package, borrowing a restroom, and cleaning the snow in front of neighbors' homes. Article 1217 of the Civil Code clearly stipulates the responsibility of "good faith ride sharing". If the ride is taken without compensation and causes damage, the motor vehicle party shall reduce its liability for compensation, unless there is intentional or gross negligence. This basic principle also applies to other "well intentioned" activities: do not be harsh! In fact, acts of kindness and generosity are deeply embedded in the social logic of our country, and are a vivid embodiment of the socialist core values, which we often refer to as "human touch". However, sometimes it may be an unintentional mistake of "doing bad things with good intentions", and sometimes unexpected accidents occur that the beneficiary cannot be held accountable according to the safety and security obligations of the operator, otherwise everyone will be at risk. I would also like to remind those who like to "protect their rights" that if the other party does not charge you money and kindly helps you, it may be a free borrowed toilet or a band aid. If there is no serious fault, they should not be criticized for "protecting their rights", as it will block the way for others to seek help. In a word, the kindness and help between strangers should be protected by the judiciary. (New Society)