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Recently, when an infected person was isolated at home, he did not comply with the epidemic prevention regulations and went out for many times, which affected the normal life of more than 5000 people in the community, and some people even lost their jobs. Can they claim compensation for the economic losses they have suffered? In response to this incident, lawyer jinshisheng, a partner of Jiawei law firm, as a specially invited lecturer in the "civil code interpretation and reading" column of the science and education channel of Beijing Radio and television, made a detailed comment from a professional perspective.

Q: A person who wandered around in our community because of home isolation finally showed positive, which affected the whole community. It is understood that this person affected the normal life of about 5000 people. Some people even lost their jobs and lost their income. Can we find this person to claim for the losses we suffered?

A: Just two days after the Beijing epidemic prevention and control press conference announced the good news that the social aspects of eight districts in Beijing had been cleared, it was immediately announced that Mr. Sun in Haidian District had violated the regulations on home isolation for many times, resulting in the isolation of about 5000 residents at home. The words "during the isolation period", "going out for many times", "258 people in centralized isolation" and "5000 residents in home isolation" in the notice make people feel shocked and sigh at the same time. For the serious consequences caused by Mr. Sun, in addition to the criminal liability related to the prevention and control of infectious diseases, he may also bear the corresponding civil tort liability for the community residents who suffer losses.

According to Article 1165 of the civil code, "if the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability." If the relevant residents want to investigate sun's tort liability according to this clause, they should meet the following four requirements: 1 The actor has subjective fault; 2. the perpetrator has committed an infringement; 3. there is damage; 4. there is a causal relationship between the infringement and the fact of damage. In this case, sun violated the regulations on home isolation and made subjective mistakes. Knowing that they have uncertain risks, but going out for many times has greatly raised the risk of the spread of the epidemic, which directly led to the serious consequences of "258 people being isolated" and "5000 residents being isolated at home", which can be regarded as an aggressive act. As for whether there is any damage fact that has a causal relationship with Mr. Sun's infringement, 5000 residents mean that there may be 5000 facts with individual differences. The parties need to provide evidence to prove it according to the basic principle of civil procedure that "who advocates who provides evidence".

Walk with the law and enlighten your life. If you want to know more about the law, please pay attention to the general interpretation and reading of the civil code.