The parents compensated more than 110,000 yuan for a two-year-old child urinating in the hospital, causing passers-by to slip and fall, causing a grade 10 disability

Caused a grade 10 disability, compensation of more than 110,000 yuan, the cause was actually children urinating in the hospital...

Children urinate open in the hospital

After 12 seconds, a passerby slipped and was injured

In June 2022, in the pediatric outpatient department of a hospital, the plaintiff Liu was anxious to hang up the emergency number for his child, did not pay attention to his feet, stepped on a pool of "water" in the hall and slipped and was injured, which was later determined by the hospital to constitute a grade 10 disability.

After surgical treatment, Liu spent more than 30,000 yuan in medical expenses, plus lost work losses, disability compensation, etc., and Liu demanded that the hospital compensate for a total loss of nearly 200,000 yuan. After negotiations with the hospital were unsuccessful, Liu sued the court.

The court retrieved public video from the hospital at the time of the incident, and it turned out that 12 seconds before Liu passed by, 2-and-a-half-year-old Xiaojie was accompanied by a nanny to urinate there. Because the nanny stood behind Xiaojie, she just blocked the sight of the staff of the medical guidance desk, so that she could not find it in time. 2 minutes after the incident, the nanny led Xiaojie back to the scene, cleaned the urine stains on the ground with a mop and left.

During the trial, the court added Xiaojie and his father to participate in the lawsuit according to Liu's application, and Xiaojie's father said that his child had an urgent urinary problem and hoped to reduce his responsibility as appropriate.

The hospital believes that the reason for Liu's fall and injury is that Xiaojie urinated openly, the hospital is not a direct infringer, and the hospital has a "careful slip" prompt at the entrance of the hall, on both sides, steps, etc., and the hospital staff dealt with it as soon as possible after the fall, and has fulfilled its safety and security obligations, so the hospital should not be liable.

Court: Sentenced the child's guardian to be 70% liable

After trial, the Wuchang District People's Court of Wuhan City, Hubei Province held that although the place where Liu slipped and injured was in the outpatient hall of the hospital, Liu slipped and fell because Xiaojie urinated open and the urine stains were not cleaned up in time.

Because the nanny blocked the sight of the staff in the guide desk behind Xiaojie when he urinated, the staff could not detect and stop Xiaojie when urinating in time. From Xiaojie's departure to Liu's slip, the time was only 12 seconds, and even if there were patrolling cleaning personnel in the hospital, it was impossible to find and prompt or clean up in such a short time, so the court held that Xiaojie was responsible for Liu's damage.

Liu did not pay attention to the ground when walking, and wore slippers, which was not conducive to prevention when the ground was slippery, and Liu himself was also at fault. Therefore, the court ordered Xiaojie's father to bear 70% of the compensation liability, compensating Liu for various losses of more than 110,000 yuan and emotional damage of 1,000 yuan.

Xiaojie's father appealed against the first-instance judgment. After hearing, the court of second instance held that the first-instance judgment found that the facts were clear and the law was correctly applied, and should be upheld, so it ruled to dismiss the appeal and uphold the original judgment.

Judge: Young age does not affect the guardian's assumption of corresponding guardianship responsibilities

The magistrate reminded that minors are not yet mature in their self-restraint due to their young age, but this does not affect their guardians to bear the corresponding guardianship responsibilities. As the first responsible person for the guardianship of the child, parents should promptly stop the child's behavior or inform the staff in public places to assist in eliminating the risk when the child's behavior has caused a certain public risk, and do not take chances or evade responsibility on the grounds that "he is still a child". It is hoped that every child can thrive under the supervision of their parents.

In this regard, some netizens said that children should be given diapers

Some netizens believe that the nanny should bear some responsibility

More netizens directly praised the court

Source: People's Court Daily, Hubei High Court, Oriental Net

WeChat editor: Antong

Proofreader: Tainy