Is the 9th ten -year -old person who has been stumbled by a flat car and causing the eight -level disability farmers market to be responsible for?The court's judgment is here

At more than 7 am on June 5 this year, Grandma Li (Hua surname), 93, went to the farmer's market as usual. At the staircase entrance on the second floor, Grandma Li was stumbled by a flat trailer on the aisle by the business households. After inspection by the hospital, Grandma Li's left shoulder joint was dislocated. Therefore, inpatient treatment is needed, the left shoulder is replaced with a personal work joint, and the function of the left shoulder joint is completely lost. After being identified, Grandma Li was a level eight -level disability.

As a result, Grandma Li sued the operators and managers of the farmers' market and asked the two defendants to compensate her for medical expenses, disability compensation, and spiritual comfort.

Recently, the Hangzhou West Lake Court concluded the case. I did not expect that the management party of the farmer's market also invited the undertaking judge to give the stalls a rule of law.

The two defendants agreed that Grandma Li was not crowded on the market on the second floor. The staircase entrance on the second floor was three to four meters away from the nearest stall. In the case of traffic, even if the cart is not placed properly, it has a little impact on normal traffic. In addition, Grandma Li is old, and travel should be accompanied by adult children. When she was on the second floor, she did not care about the consequences of the injury and should also bear the corresponding fault responsibility.

To find out the facts, the undertaking judge went to the farmer's market for field investigation during the trial. The judge first brought a trailer for the same hand, and it was restored to the scene compared to the monitoring at the time of the incident: placed the trailer handle on the side of the handrail of the stairs, and the car body and the steps were basically vertical. The outer side is basically flat.

Then the judge measured on the spot that the width of the stairway here was 1.9 meters, which caused Grandma Li's fell to the outer length of the trailer of 87 cm, 59 cm in width, 14 cm from the ground along the trailer, 18 cm above the ground height of 18 cm. Essence

The judge believes that there is a wall on the side of the stairs on the first to the second floor of the farmer's market. After going upstairs, turning from the other side of the handrail, entering the market on the second floor of the market to meet the shopping moving line of ordinary people. Only exist and increase the angle of turning can avoid it. In other words, the trailer that caused Grandma Li to trip in the visual blind area. In addition, the surface of the trailer is smaller due to dirt and the ground. In addition, the surveillance video at the time of the incident showed that in addition to the trailer at the time, the channel between the market stalls was also stacked with debris and tables and chairs, which shows that the market has flaws in management.

To this end, the judge believes that the operator of the farmer's market has not cleaned up the trailer on the aisle in time, and there is a fault on the injury of Grandma Li's fall and injuries, and he should bear the corresponding compensation liability. At the same time, due to the weakening of Grandma Li's ability to control the danger every year, no certain preventive and remedial measures should be taken, and the corresponding responsibilities should also be taken.

In view of these situations, the court determined that Grandma Li assumed 40%of his damage to his own damage, and the farmer's market manager and operator assumed 60%of the responsibility. That is, the two defendants compensated Grandma Li more than 96,000 yuan. After the verdict, both parties were convicted, and the verdict has now taken effect.

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The undertaking judge also noticed in the trial that the farmer's market had a similar civil dispute before. Because there is a large area of ​​water on the stairs of the farmer's market, a middle -aged customer stepped on the stairs when he stepped downstairs to slide the stairs, causing fractures of the thoracic vertebrae. The court ruled that the farmer's market needs to be responsible for this.

The undertaking judge pointed out that the market operator should take into account the actual situation and special needs of customers in all ages, and the responsibility for security and security for the victim's age should not be alleviated as a public place operator. Special groups provide a safer and convenient shopping environment.

After the injury of Grandma Li, the management of the farmer's market also realized that the ability to discovery and disposal of hidden safety hazards in the market should be strengthened in work, otherwise similar situations may occur. "We don't know enough about legal knowledge. I hope that the judge can give us a rule of law." The judge of the farmer's market management directed the judge.

The undertaking judges and secretaries brought the Civil Code to give lectures to the management of the farmers and the stalls. After the case, it is recommended that the management inspections on a regular basis and actively discover and dispose of various safety hazards.

Law link

According to Article 1,179 of the Civil Code, hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other operating places, operators, managers or organizers of public places, organizers, organizers, or mass activities, If the obligation of security and guarantee is not fulfilled and the damage to others shall bear the liability of infringement.

At the same time, in accordance with Article 19 of the "Regulations on the Management of the Zhejiang Provincial Commodity Exchange Market", market organizers shall perform their management duties such as "ensuring that the passage in the field is smooth and the surrounding environment is clean". (Reporter Xu Jiawei Correspondent Xifa)

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