Play your mobile phone down, luggage off the escalator with your luggage ...

A drop of water can refract the sun.

A case can highlight the principle of rule of law.

The official WeChat official WeChat of the Supreme People's Court launched the "New Fashion of the Time of Tips and Great" to take you back to the shining "small cases", reflecting on those "truths" contained in it, and experience the promotion of every judicial case. Fairness and justice. This issue brings you a case of infringement.

Recently, the Shanghai Jing'an District People's Court (hereinafter referred to as the Shanghai Jing'an Court) announced the concern of infringement disputes. In a subway station in Shanghai, Xiaoli, a 15 -year -old middle school student, pulled the luggage to take the automatic escalator. He looked down at the mobile phone because he looked down and did not hold the luggage he carried. As a result, Shen Ajo's cracked bone cracking and fracture of the vertebrae. In March 2022, the Shanghai Jing'an Court ruled that Xiao Li and his guardians compensated Shen Apo's medical expenses, nursing fees, and nutritional expenses to a total of more than 26,000 yuan.

Retrospective

At about 18:00 on September 6, 2020, the 15 -year -old middle school student Xiao Li pulled the suitcase to take the subway home alone. When the escalator up to the end of the escalator in the Little Lee Passenger Metro Station, he lowered his head with both hands and looked at the suitcase that was carried. The suitcase rolled and quickly slipped to the bottom of the escalator. Act in Shen, caused Grandma's cracked bone and fractures in the vertebrae. Due to the negotiations of Shen Fu and Xiao Li's guardians, in May 2021, Shen Fu sued the Shanghai Jing'an Court to ask Xiao Li and his guardians to compensate for medical expenses, nursing costs, nutritional expenses, etc. Xiao Li and his guardians argued that when the incident happened, she looked right and did not notice that the suitcase slipped.

After hearing, the Shanghai Jing'an Court believed that in this case, Xiao Li bowed his head to look at the mobile phone when he took the escalator, and did not properly manages the suitcases, which caused the luggage to slip off and hurt Shen Fu. Xiao Li has a fault; although Xiao Li is a person to restrict civil behavior, he has foreseeable possibilities for the consequences of the luggage of the losing control of the control. Li constitutes infringement against Grandma Shen, and he should bear liability for infringement compensation. On March 28, 2022, the Shanghai Jing'an Court ruled that Xiao Li and his guardians compensated Shen Grando to lose more than 26,000 yuan. After the verdict, both parties did not appeal.

Judge

Shanghai Jing'an District People's Court

Judge Judge of Minors and Family Cases

Li Haiyou

If the perpetrators cause damage to the civil rights and interests of others by fault, they shall bear the liability for infringement. The principle of error liability is based on the basic principle of liability for the infringement of the Civil Code, and is widely applicable to various types of infringement cases that occur in social activities. In this case, Xiao Li should bear the consequences of infringement due to negligence and unafid suitcase. At the time, A -Po had no time or space to avoid. There was no fault in the occurrence of damage, and the rules should not be applicable.

Through the judgment and comprehensive and detailed explanation and reasoning of the case, the court clarified the parties' negligence and error responsibilities, identified right and wrong, and rejected "harmonious mud". This case calls on people to adhere to civilized travel and keep the bottom line of security. When public places, they should consciously abide by the rules of the ladder and traffic rules, and consciously be the advocates, practitioners, and promoters of civilized travel.

Expert Reviews

Deputy Director of the Protection Research Center of East China Normal University, Deputy Director of Protection Research Center,

Professor and doctoral supervisor of law school

Ren Haitao

The escalator is currently widely used in public places such as shopping malls, stations, airports, etc., and has become a must -have tool for travel. Although the escalator provides convenience for people's travel, accidents related to the escalator frequently occur frequently. As a case of infringement disputes involving minors, the case reflects the absence of safety and rules in public places in public places. Essence

On the one hand, as a guardian of minors, parents should effectively bear the safety education responsibility for their children, and cultivate their behavior habits in daily life. Before allowing minors to travel independently, the guardian should conduct safe travel for minors, guide minors to abide by traffic rules and ladder rules, and protect themselves with others' personal and property safety. According to the relevant provisions of the Civil Code, when minors cause damage to others, the guardian shall bear the liability for infringement; if the guardian fulfills its duties, it can reduce its infringement liability.

On the other hand, the school should strengthen the safety of students' safety education and rule of law, including campus safety, personal safety, diet safety, fire safety, and travel safety of travel safety, cultivate the self -protection awareness of minors, so that they can identify and identify in advance and Pay attention to the danger that may occur, avoid suffering from various forms of illegal violations, and at the same time guide minors to form public safety awareness, consider the consequences of their own behavior in advance, and avoid hidden safety hazards caused by their own bad behavior.

Source: Supreme People's Court News Bureau

Comic: Banyan

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