The scratching store is willing to bear the suggestion of the medical expenses: the misunderstanding fee is within the scope of compensation

The facade of the restaurant involved

Text/Tuyang City Evening News all -media reporter Xu Zhentian intern Zhou Qi

I went to the foot bath shop to relax, but I did not expect that someone had encountered a bad thing to be scratched by the sword. Recently, when Mr. Zhong, a citizen, repaired his foot bath in Zengcheng District, Guangzhou, was accidentally scratched by the clerk by the clerk with his left heel. After a week after the doctor's order, Mr. Zhong communicated with the store to communicate compensation. Unexpectedly, the store stated that he could only pay a thousand yuan for medical expenses and was unwilling to bear Mr. Zhong's misunderstanding fee and other expenses.

Repair your feet but are scratched by heels

At 10 pm on August 20th, Mr. Zhong chose a salt bath project with a price of 76 yuan in a footbath named "Zheng Yuanyuan" in Zengcheng District. During the service, the clerk accidentally scratched his left heel when he trimmed his feet for Mr. Zhong, and the wound immediately flowed. Subsequently, the manager of the store immediately accompanied Mr. Zhong to the emergency department of Zengcheng Traditional Chinese Medicine Hospital, paying medical expenses such as tetanus and destructive agents, and exempting Mr. Zhong's consumption costs on the day of the store.

On the 21st, Mr. Zhong continued to go to Zengcheng District Traditional Chinese Medicine Hospital for disinfection. Since then, without contacting the store, Mr. Zhong chose to go to the Southern Hospital of Southern Medical University by himself. On the 26th, Mr. Zhong was diagnosed with (left -foot 5) fracture and (left heel) skin cracking. The doctor suggested that he move less, replace the medicine regularly and take a week.

"Afterwards, I tried to solve the problem with a reconciliation attitude, but the store continued to escape and did not take the initiative to take responsibility." According to Mr. Zhong, what was dissatisfied was that on the 21st after the accident, the manager of the foot bath store claimed that the manager of the foot bath shop immediately claimed that There was something in the family who couldn't come forward. Let the clerk accompany Mr. Zhong and his party to the hospital to change the medicine. Since then, he has not taken the initiative to contact Mr. Zhong to negotiate compensation.

The reporter learned that on the night of the 20th accident, the store told Mr. Zhong that he would pay the medical expenses of 2,000 yuan, but Mr. Zhong proposed that because the accident caused him to not go to work for a long time, in addition to the medical expenses, the store should also should also Compensation for the misunderstanding fee for him at a standard of 500 yuan per day.

On the 27th, Mr. Zhong and his party went to the theory of a foot bath shop. Under the mediation of the police station, Mr. Zhong said that the store needs to bear the medical expenses of 1,000 yuan and a misunderstanding fee of 3,000 yuan. The partition manager of the store said that they are willing to take responsibility, but they only want to pay Mr. Zhong's medical expenses. "It is indeed us who go wrong. The responsibility that should be borne will be borne, but we will not bear the cost of misunderstanding and other costs he proposed."

Mr. Zhong's wound has been bandaged

Compensation costs are difficult to negotiate

Regarding the amount of compensation proposed by Mr. Zhong, the store bluntly said: "We will pay for medical expenses, but the nutrition and work costs he proposed are 500 yuan a day, which is beyond our tolerance." In addition, the store also targets the hospital for the hospital The results of the diagnosis and treatment were questioned, "At that time, it was only a piece of skin, which was impossible to cause a metatarsal fracture."

The relevant personnel of the Licheng Street Office participating in the negotiation said: "The wound must be made by the store, but is it difficult to define whether the fracture should be caused by the accident." On August 29 The investigation was found that the number of health certificates in the store was inconsistent with the staff in the store. The recent nucleic acid testing of the clerk was data in July. In this regard, the foot bath was ordered to stop the personnel who did not hold the certificate and registered for rectification punishment.

At the negotiation site on the 27th, in addition to the controversy of money, the parties also pointed out each other's attitudes and unfriendly attitudes. The store said: "They drove the guests in the store as soon as they came. You are a trouble." But Mr. Zhong responded: "He took the foot -to -foot knife to repair his feet, and we just told him to stop first first. Talk to us. "As of now, the two parties have not reached an agreement on compensation, and Mr. Zhong expressed his plan to collect evidence to file a lawsuit.

Lawyer suggestion

The fare fee is included in the scope of compensation

Is Mr. Zhong's request for claiming the misunderstanding? Luo Aiping, a lawyer of Beijing Yingke (Guangzhou) Law Firm, believes that the cost of misunderstanding is included in the scope of compensation for property damage to the human body, but the compensation of the misunderstanding fee must be calculated in strict accordance with the income and duration of misunderstanding. "According to Article 16 of the" Law of the People's Republic of China "and infringement of other human damage, the medical expenses, nursing expenses, and transportation expenses shall be compensated for the reasonable expenses of treatment and rehabilitation expenses, and revenue due to misrepresented work."

Luo Aiping suggested that large and small massage shops and foot therapy shops are spread all over the streets. The stores providing services should provide scientific training for employees, provide clear work guidance, and ensure that consumers provide safe and high -quality services to consumers. Too dangerous tools. "Once a dispute occurs, the merchant should adhere to the friendly attitude to negotiate. If the merchant is unwilling to compensate, consumers can complain to the consumer committee. If the amount of compensation is large, it can file a civil lawsuit with the court."

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