This is one
About the post-60s, post-70s, post-80s
A series of documentaries about three female judges
Let's get closer to the scene of the case
Look at them
Skillfully adjudicate cases, resolve disputes, and promote governance......
Storyline
Ms. Gong, 67, said that when she walked to the corner,
Fractured by tripping over a billboard placed by a catering company,
So the catering business was joined to the property management company
sued the people's court and demanded compensation of 56,000 yuan.
However, the monitoring of the premises involved in the case cannot view the specific process.
The property management company questioned that he fell and injured his right leg while turning left.
Was Ms. Gong inappropriate?
The property management company, the catering company, and Ms. Gong are tripartite
What are the respective responsibilities in this case?
See how the judge decides!
In this episode, Bai Yun, a post-80s judge of the Jing'an District People's Court in Shanghai (hereinafter referred to as the Jing'an District People's Court), handled a case of claiming compensation for personal injuries from the premises involved.
The cause of the case was that Ms. Gong, 67, accidentally tripped and fell on a billboard at the corner after getting out of the elevator after eating in the office building, resulting in a fracture of the femur in her right leg. Half a year later, Ms. Gong, who had not fully recovered, sued the property management company involved and the catering company that placed the billboard to the people's court.
Ms. Gong demanded that the two defendants pay 56,000 yuan for medical expenses and other losses. However, the property management company said that it was unwilling to take responsibility, and the catering company was only willing to pay 1,000 yuan in condolence money.
Due to the four videos provided by Ms. Gong, none of them captured the specific process of her fall injury. After reviewing the plaintiff's evidence, Bai Yun and his colleagues decided to go to the scene to investigate, restore the scene when Ms. Gong fell and injured herself, and also facilitate a comprehensive determination of the degree of fault of all parties in the accident.
When questioning several businesses near the accident site, Baiyun learned that most of the cameras in these stores were not working properly. The cameras of the merchants are "not bright", can the cameras of the property management department of the building capture some "breakthroughs"? Unfortunately, the staff of the property also said that they could not help.
The surveillance video of the place involved in the case could not see the specific process of the fall, and the billboard involved had already been removed. Before leaving the office building, Bai Yun decided to measure the relevant data of the incident site and grasp the dimensions of the billboard involved through inquiry.
A week after Baiyun completed the on-site investigation, Ms. Gong's fall case opened. During the trial, both the catering company and the property management company stated that they should not be held liable.
The catering company believes that there is no safety hazard to the billboard placed in front of the store, on the one hand, no one has tripped or injured the billboard in the two years since it was placed, and on the other hand, because there is a certain difference between the color of the billboard base and the ground. In summary, the catering company believed that Ms. Gong, as an adult with full capacity for civil conduct, was injured by a fall because she failed to exercise her duty of observation and attention during walking.
The property management company also said that Ms. Gong's fall injury had nothing to do with them. In addition to agreeing with the catering company that Ms. Gong herself failed to fulfill her duty of observation and care, the property management company further argued that the catering company had placed the billboard at the site of the accident without the consent of the property management company.
In addition, the property management company also raised a "series of questions" about Ms. Gong, whether the fall was because Ms. Gong had undergone lumbar spine surgery and was prone to falling, and why did Ms. Gong break her right foot when she fell while turning left?
In response to the property management company's question, Ms. Gong said that the surgery was done in 2018, and it was completely unaffected by the time of the incident, and the reason why she fell and injured her right foot was because her left foot crossed smoothly when she turned the corner, but her right foot tripped over the billboard.
Since both parties insisted on their claims, mediation failed. The Jing'an District People's Court rendered a first-instance judgment in this case.
The plaintiff, Ms. Gong, failed to fulfill her duty of care when passing by the corner, and should bear 20% of the liability for her own damages.
If the defendant catering company and property management company, as the operators and managers of the business premises, fail to fulfill their safety and security obligations, and cause damage to the plaintiff, they shall bear tort liability. Therefore, the defendant catering company was ordered to bear 80% of the liability and pay more than 36,000 yuan in compensation. The defendant property management company bears 20% of the supplementary liability, that is, more than 7,000 yuan.
[Source: Shanghai High Court]
Disclaimer: The copyright of this article belongs to the original author, if there is a source error or infringement of your legitimate rights and interests, you can contact us by email, we will deal with it in a timely manner. Email: