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No. 3 of Six Model Cases of Civil Disputes over Elderly Care Services Published by the Supreme People's Court: Where a third party's behavior causes damage to the elderly and the elderly care institution fails to fulfill its duty of maintaining safety, it shall assume corresponding supplementary liability—Li [REDACTED] [REDACTED] v. [REDACTED] Apartment for the Elderly (case of disputes over infringement)
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最高人民法院发布六起涉养老服务民事纠纷典型案例之三：李某某诉某老年公寓侵权责任纠纷案——因第三人行为造成老年人损害，养老机构未尽到安全保障义务的，应当承担相应的补充责任
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【法宝引证码】
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| No. 3 of Six Model Cases of Civil Disputes over Elderly Care Services Published by the Supreme People's Court: Where a third party's behavior causes damage to the elderly and the elderly care institution fails to fulfill its duty of maintaining safety, it shall assume corresponding supplementary liability—Li [REDACTED] [REDACTED] v. [REDACTED] Apartment for the Elderly (case of disputes over infringement) | | 最高人民法院发布六起涉养老服务民事纠纷典型案例之三：李某某诉某老年公寓侵权责任纠纷案——因第三人行为造成老年人损害，养老机构未尽到安全保障义务的，应当承担相应的补充责任 |
| Basic Facts | | 基本案情 |
| Yin [REDACTED] [REDACTED] and Tang [REDACTED] [REDACTED] were both elderly residents of [REDACTED] Apartment for the Elderly. They quarreled over trivia. One day, Tang [REDACTED] [REDACTED] took an iron rod from his room while the nurse left, struck Yin [REDACTED] [REDACTED] on the head while he was asleep, killed him. Afterwards Tang [REDACTED] [REDACTED] received a judicial appraisal: 1. Organic intellectual impairment (dementia); 2. Tang [REDACTED] [REDACTED] had limited capacity for criminal liability at the time of the crime. During the trial of the criminal case, Tang [REDACTED] [REDACTED] died of illness, and the trial of the criminal case was terminated. Afterwards Yin [REDACTED] [REDACTED]'s heir Li [REDACTED] instituted an action against [REDACTED] Apartment for the Elderly and Tang [REDACTED] [REDACTED]'s heir, asking for compensation. | | 尹某某、唐某某均系某老年公寓养老人员。两人因琐事发生过抓扯。某日，唐某某趁护工离开之际，从自己房间内拿了一根铁棍，在尹某某熟睡时击打其头部致其死亡。后唐某某被司法鉴定为：1.器质性智能损害(痴呆)；2.唐某某案发时具有限定刑事责任能力。在刑事案件审理期间，唐某某因病死亡，刑事案件终止审理。后尹某某的继承人李某某起诉某老年公寓及唐某某的继承人，要求赔偿。 |
| Grounds for Judgment | | 裁判理由 |
| ．．．．．． | | ．．．．．． |
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