At about 19:10 on January 13, Ms. Zhang, a citizen, came to Shuangtie Square in Chengdu's Pidu District to shop and found that the rearview mirror of the vehicle parked in the parking lot of the mall was damaged, but the location of the parking was not monitored. Ms. Zhang believes that she paid the parking fee and handed the car over to the parking lot for temporary safekeeping, during which the vehicle was damaged, and the full repair cost should be paid by the mall parking lot.
The mall said that the parking lot was posted with a notice of "no responsibility for supervision", and the damage to the rearview mirror was not the entire responsibility of the mall, such as compensation also needed to be divided according to the division of responsibility, so only part of the compensation could be compensated.
After shopping, Ms. Zhang found that the rearview mirror of the vehicle was damaged
Shopping in the mall:
Customer claims vehicle rearview mirrors were damaged in the parking lot and "claim denied"
At about 19:30 on January 13, Ms. Zhang came to Shuangtie Plaza to shop. At about 21:00, when Ms. Zhang was preparing to leave the mall, she found that the rearview mirrors on the left and right sides of the vehicle parked in the underground parking lot were damaged. Ms. Zhang immediately contacted the person in charge of the mall, and the mall also quickly rushed to the scene and proposed two solutions to Ms. Zhang: alarm and insurance.
After the police came to the scene, they first went to check the surveillance, but the location where Ms. Zhang parked happened to be unmonitored. "Our surveillance covered four-fifths of the range, and the place where the lady parked really happened to be unmonitored."
Ms. Zhang said that because it was damaged in the commercial parking lot, after reporting insurance, the premium for the second year would increase, so she did not want to solve it through the insurance company. Therefore, Ms. Zhang proposed that after repairing the vehicle herself, she would show the invoice to the mall, and the mall would pay the full amount of the repair cost.
But on the same day, the two sides did not reach a consensus. On the 17th, Ms. Zhang's husband came to the mall again to negotiate the matter with the mall staff, but the mall party has been unable to agree to the full compensation proposed by Ms. Zhang's husband, and the two sides have not been able to negotiate.
Ms. Zhang told the Red Star News reporter, "My car is parked in the commercial parking lot, and the damage to the rearview mirror is the responsibility of the parking lot. The cost of repair is not high, but I just want to protect my rights. She appealed that the mall could pay the full cost of repairs, but the other party has always refused.
The rearview mirrors on the left and right sides of the vehicle were damaged
Mall Response:
There is indeed a management negligence, but the division of responsibilities needs to be confirmed after investigation and verification
At about 2 p.m. on the 18th, the Red Star News reporter came to the Double Railway Plaza to learn about the situation from the person in charge of the shopping mall. In response to ms. Zhang's statement, the mall said: "I have never refused to compensate. ”
Mr. Tan, the person in charge of the mall, said: "We do have management negligence and will bear corresponding responsibilities, but we need to confirm the division of responsibilities after investigation and verification. "The mall side believes that because there is indeed no monitoring, the police did not give a division of responsibility on the same day, and Ms. Zhang has been unwilling to report insurance, and there is no way to confirm the value of the damage." As long as we are determined to bear as much responsibility as we are responsible, we can pay as much as we want. Can't she say how much money is how much money. ”
In the underground parking lot of this mall, the Red Star News reporter saw a notice that read: "This parking lot is only for vehicle parking space and is not responsible for guarding."
According to Mr. Tan, on the morning of the 18th, Ms. Zhang added his WeChat and again asked for full compensation, but Mr. Tan also repeatedly stressed, "The shopping mall can compensate, but only part of it." Mr. Tan also said that the other party posted his private photos on Weibo and smeared the mall.
Red Star News reporters consulted Ping An Insurance of China on this matter, and the staff said that in such incidents, insurance companies can make claims, but after the police are called, the insurance company will communicate specifically and then deal with specific problems.
Notices posted in the car park
What the lawyer says:
If the rearview mirror is damaged in the parking lot
Is the mall liable for compensation?
Guo Gang, a lawyer at Sichuan Fangce Law Firm, believes that according to the provisions of Civil Code 1198, the obligation to ensure safety is a legal obligation of the manager of a public place or public facility, and the safety guarantee obligor must not only ensure the safety of the place or facility under its management, but also provide necessary warnings, instructions, notices and necessary assistance to those who are active or using the facilities in the place to prevent the occurrence of infringement. Signs such as "not responsible for supervision" posted in Shuangtie Plaza harm the rights and interests of consumers and are exempted from their safety and security obligations, which should be invalid, and their safety guarantee obligations should not be exempted from such signs. Ms. Zhang's vehicle rearview mirror parked in Shuangtie Plaza was damaged, and this area of Shuangtie Plaza was not covered by monitoring, which was not a good safety precaution, there was a certain fault, and should bear the corresponding compensation for the fault within the scope of its foreseeability and prevention.
Zhu Jieping, founding partner of Tai Kun Law and a special researcher of the China Policy Science Research Association, believes that whether and how the parking lot is responsible for the parking vehicle depends on the legal relationship formed between the two parties. In the case of custody responsibility, the customer has the right to claim the corresponding compensation liability. If custody is not constituted, it will be difficult for the customer to claim full liability.
According to article 1198 of the Civil Code, operators, managers or organizers of mass activities in business places such as hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, etc., who fail to fulfill their safety and security obligations and cause harm to others, shall bear tort liability. Where damage is caused to others by the conduct of a third party, the third party shall bear tort liability; where the proprietor, manager or organizer fails to fulfill its obligation to ensure safety, it shall bear corresponding supplementary liability. After the proprietor, manager or organizer bears supplementary liability, it may seek compensation from a third party.
Red Star News reporter Du Yuquan intern reporter Hu Hengrui provided a picture of the interviewee
Edited by Wang He
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