02Evidence B

Elderly falls: if someone falls, first kneel down, call out to them, and dial 120 — don’t rush to help them up. It is perfectly legal to walk away from strangers; once you stop, however, you must not touch or move them.

This guidance is primarily aimed at one’s own elderly relatives and people you know well. First, check whether they’re breathing; if not, follow step 1 (perform chest compressions). Even if they are breathing, don’t lift them up — they may have suffered a stroke or fainting spell prior to the fall, and forced movement could worsen injuries. Instead, kneel down, speak to them, and ask if they remember how they fell. If they complain of back pain or seem to have a fracture, do not move them; call 120 right away.

Cost

No money is required. Kneeling down to ask a few questions…

Benefit

The Ministry of Health’s “Technical Guidelines for Intervention in Elderly Falls” states two key points: “Fall…

Cost

No money is required. Kneeling down to ask a few questions and making a phone call takes only a few minutes. The hard part is resisting the urge to reach out and help. For strangers, there’s an extra cost to consider: calling 120 leaves your phone number on record, which may result in follow-up calls or inquiries. If family members later target you, legal battles can last months, and even if you ultimately win, you’ll still have to pay your own legal fees.

Benefit

The Ministry of Health’s “Technical Guidelines for Intervention in Elderly Falls” states two key points: “Falls are the leading cause of injury-related death among people aged 65 and older in China,” and “When an elderly person falls, do not rush to help them up; instead, respond according to the specific circumstances.” For those who are unconscious, immediately call emergency services. If they’re vomiting, turn their head to one side and clear any vomit from their mouth and nose. If breathing or heartbeat has stopped, start chest compressions at once. The guidelines also note: “If moving the person is necessary, do so gently and keep them as flat as possible.” For conscious individuals, ask whether they recall the fall; if not, it may indicate fainting or a cerebrovascular event. If they suffer severe headaches, facial drooping, slurred speech, or limb weakness, lifting them could worsen bleeding or ischemia in the brain. Likewise, if there are signs of fracture, back pain, or incontinence, avoid moving them unless you have relevant medical training. In all these cases, call 120 immediately. If the elderly person wishes to stand up on their own, assist them slowly, then let them sit or lie down while you monitor them until you’re sure they’re alright. Regarding fears of being held liable, the law is clear: Article 90 of the Supreme People’s Court Interpretation of the Civil Procedure Law states that “any party making a claim must provide evidence to support it; failure to do so results in losing the case.” Article 1198 of the Civil Code obliges operators of public venues — hotels, malls, banks, stations, airports, sports arenas, entertainment venues, etc. — to uphold safety standards; failure to do so makes them legally responsible for any resulting harm. Conversely, Article 184 protects anyone who voluntarily and urgently helps another person: “A rescuer bears no civil liability for any harm caused to the victim during such efforts.” A notable court case involved a pharmacy owner who performed CPR on a cardiac arrest victim, inadvertently breaking several ribs. The victim required 18 days of hospitalization and sought over 9,000 yuan in compensation; the court ruled in favor of the rescuer, absolving him of liability.

Original sources

卫生部 (2011). 老年人跌倒干预技术指南(「老年人跌倒后的处理」). 全文 PDF 见广东省疾病预防控制中心 http://cdcp.gd.gov.cn/gcdcdfiles/editor/uploadfile/20111027094832117.pdf,现场处理部分全文见贵南县人民政府转载 https://www.guinan.gov.cn/lnb/zc1__zwgk/zc/aztfl/qt/content_27609778;全国人大 (2020). 民法典(第一百八十三、一百八十四条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml;最高人民法院 (2023). 人民法院抓实公正与效率践行社会主义核心价值观典型案例(案例十三,齐某某诉孙某某健康权纠纷案,辽宁省康平县人民法院). https://www.court.gov.cn/zixun/xiangqing/408162.html;最高人民法院 (2022 年第二次修正,2022 年 4 月 10 日施行). 关于适用《中华人民共和国民事诉讼法》的解释(第九十条). https://www.court.gov.cn/zixun/xiangqing/353651.html;民法典第一千一百九十八条同上最高检转载全文;全国人大常委会 (2023 年修正,2024 年 1 月 1 日施行). 民事诉讼法(第一百五十二、一百六十四条). 上海市发展和改革委员会转载全文 https://fgw.sh.gov.cn/ys-syjf-zc-2.4.1-h5/20240408/073febdb2b04464390546232d4089f51.html;国务院 (2006). 诉讼费用交纳办法(国务院令第 481 号,第六、二十九条). https://www.gov.cn/ziliao/flfg/2006-12/29/content_483682.htm;全国人大常委会 (2025). 治安管理处罚法(2025 年修订,2026 年 1 月 1 日起施行,第二十六条第一项、第五十条第五项). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml

Open source link
Book note

This grade is assigned because the guidelines describe proper procedures but provide no quantitative data on how many lives they actually save. Article 184 shields rescuers only when their actions are voluntary and occur in an emergency; it does not cover situations such as “taking it upon oneself to load a stranger into a private car for transport” — waiting for 120 remains the safer choice. After dialing 120, stay on the line and follow the dispatcher’s instructions. This advice is primarily intended for one’s own elderly relatives and acquaintances. For strangers on the street, walking away is both legal and advisable; the law does not obligate you to intervene. That said, once you stop, you must weigh all associated costs: time spent, leaving your contact details, potential contact from family members, possible legal action, workplace repercussions, and even online backlash. For further details, see docs/遇到陌生人出事该不该停.md. The only unequivocal action required is not to move the person — this is a medical, not a legal, imperative, as forced movement can exacerbate cerebral hemorrhage or spinal injury. One exception applies if you are the proprietor, manager, or organizer of the location; in such cases, walking away no longer qualifies as a “free” option, as Article 1198 of the Civil Code imposes a duty of care on venue operators. For fall prevention, refer to Section 1, Item 13 (balance and leg-strength training); delayed symptoms following head trauma are covered in Section 10; financial recourse after injury sustained while rescuing others is addressed in Section 39; and evidence collection and reporting in cases of online harassment are outlined in Section 8, Item 16.

My note