The picture shows a screenshot of the online video. (See image watermark for video source)
Recently, the Internet rumors that a surveillance video of a supermarket in Shenzhen Sam showed that an adult put his child on the shopping cart when shopping in the supermarket, and the child fell from the car when pulling the shopping cart, and the back of his head landed on the ground. Shenzhen News Network reporter contacted Shenzhen Sam on May 6, Sam refuted the rumor that the incident did not occur in the Shenzhen store, the relevant store had dialed 120 at that time and checked that the child was not in trouble, and then contacted the parents to confirm that the child was healthy.
(Related reports: authoritative rumors|Internet rumors that a child fell from a shopping cart in a supermarket in Shenzhen and was paralyzed, this news is untrue, it does not happen in Shenzhen stores, and the child's body is not hindered)
The video of the incident sparked heated discussions among netizens on the Internet, and the vast majority of netizens believed that it was the fault of the guardian (parent). Some netizens also believe that things happen in supermarkets, and supermarkets also have certain responsibilities. The reporter checked the news report and found that similar incidents occurred from time to time. So is it the responsibility of the supermarket or the parents or the children themselves? Zheng Xuanyuan, a lawyer at Guangdong Chenggong Law Firm, believes that such incidents cannot be generalized.
Lawyer Zheng Xuanyuan was interviewed by reporters.
"Supermarkets and parents are definitely responsible." Lawyer Zheng Xuanyuan told reporters that the Civil Code clearly stipulates that hotels, supermarkets and other public places will bear tort liability if they fail to fulfill their "duty of safety care". For example, what needs to be confirmed in this accident is whether the supermarket shopping cart has a sign to remind the customer (can it be seated?). Is there any age or weight limit if I can sit? ）。
Secondly, parents have the obligation to supervise guardianship, which is a statutory obligation. In the online video, it can be seen that after the child stood up, the parents did not manage him. The act of a parent pulling a cart is an action that directly causes the child to fall. Because tort is about the causal relationship between the infringement and the consequences.
Lawyer Zheng Xuanyuan believes that the third aspect depends on whether the child has no or limited civil capacity? In any case, parents have a supervisory obligation to supervise. If the child is very young, guardians such as parents have more guardianship obligations. If the supermarket shopping cart has a sign that only under the age of 5 can sit, and the child is over this age and does not sit in the designated position, the responsibility of the parent is heavier.
As for the proportion of tort liability of supermarkets and guardians, how to determine them? Lawyer Zheng Xuanyuan said that according to the relevant factors of tort liability, the court will determine their respective proportions at its discretion. If the supermarket does its duty to remind, it's fine.
"If there is a puddle of water on the ground of the supermarket, no one mops the floor for half a day, and the consumer falls here, then the supermarket must not have fulfilled its duty of safety care." If the shopping cart does not indicate how old or how tall the child can sit, or if the supermarket staff sees this situation and does not remind him, the supermarket is somewhat responsible. ”
【About Lawyer Zheng Xuanyuan】
Lawyer Zheng Xuanyuan, equity partner of Guangdong Chenggong Law Firm, deputy director of the Government Legal Counsel Professional Committee of the Party Committee of Shenzhen Lawyers Association, deputy director of the Cultural and Sports Center of Futian Lawyer Working Committee of Shenzhen Lawyers Association, and specially invited mediator of Shenzhen Futian District People's Court, has been practicing for 8 years and engaged in law-related industries for 12 years. He is good at handling corporate and equity legal affairs, economic, contract civil and commercial disputes, marriage and family and inheritance and other civil and commercial cases.
(Original title "Legal "Ling" Distance: Children Fall from the Supermarket Shopping Cart, Who Blames?") Shenzhen lawyer has something to say")
(Author: Read Special Client Shenzhen News Network Reporter Zhang Ling Li Danlu)