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The scald accident sparked controversy
Mr. Ye from Huzhou, Zhejiang, had a haggard face and a deep frown. He was sitting in the hospital room, looking sadly at his old father lying on the bed. The old man's feet were bandaged, red and swollen skin was faintly visible, and his face was distorted, as if he was suffering from severe pain.
Mr. Ye's heart was filled with infinite self-blame and anger. He recalled the nightmarish scene that happened a few days ago—the old man wanted to try to brew a drink from his newly purchased cold kettle, but accidentally poured boiling water that had just been freshly lit from the fire.
In an instant, there was a loud bang on the body of the pot, and the boiling water sprayed everywhere like a bullet out of the chamber, pouring on the old man's legs, causing serious burns.
The old man's wail was heartbreaking, making Mr. Ye like five thunderbolts. He hurriedly called the emergency number and quickly sent the distressed old man to the hospital. Although the doctors tried their best to save the man, his feet were already badly burned, his skin was red and swollen, and it was even more difficult to move.
Seeing his father's tragic situation, Mr. Ye was furious and decided to seek justice for the old man and demanded compensation from the manufacturer of the cold water kettle.
The claim amount is 10,000 yuan, including medical expenses, lost work expenses, food and nutrition expenses and other expenses. However, manufacturers are justified in saying that their products are clearly labelled and that the cold kettle is suitable for temperatures ranging from 0-70 degrees Celsius.
If boiling water is poured directly in, accidental bursting will naturally occur.
Under Mr. Yip's questioning, the manufacturer reluctantly admitted that theoretically, even 70 degrees Celsius hot water could cause burns to the elderly.
However, they insist that they have passed all relevant tests and that even at these temperatures, the product itself will never fail and have no quality problems.
Reflect on the root cause of the accident
In the face of Mr. Ye's doubts, the manufacturer did not directly blame the old man, but patiently explained the real cause of the accident.
It turned out that after the old man had just boiled the water, he did not immediately pour the water into the cold kettle, but first carefully cleaned the inner and outer surfaces of the kettle body and lid with cold water. After wiping it off, he held the boiling water in his hands and slowly poured them into the cold kettle.
The producer said word by word: "It was this operation step that led to the final tragedy." He explained that the sudden high temperature hot water poured into the cold kettle, which made the body of the kettle withstand a huge temperature difference pressure in an instant, and finally broke under the violent convection, and the boiling water gushed out and poured on the old man.
Mr. Ye was shocked when he heard this, and his eyes began to darken.
The manufacturer shook his head and said slowly: "Even if the surface of the kettle is dry, the temperature difference between the inner wall of the cold kettle and the boiling water still exists, and this sudden high temperature will still bring a huge impact to the fragile glass kettle body, causing a rupture accident, which is a consequence of improper use."
Mr. Ye fell into a brief silence. Looking at the tragic condition of the old man in his family, he made up his mind to seek justice for the old man. But when the manufacturer justifiably asked him to produce conclusive evidence that the boiling water poured into the pot did not exceed 70 degrees Celsius at that time, Mr. Ye had nothing to say.
Profiling of the legal basis
According to Articles 17 and 18 of the Interpretation on Compensation for Personal Injury, the compensation items incurred by the victim due to personal injury include: medical expenses, compensation for lost work, food allowance during hospitalization, transportation expenses, accommodation expenses, and necessary nutrition expenses.
If the victim is disabled as a result of serious injury, it should also include the living allowance for the disabled, the cost of assistive devices for the disabled, and the living expenses of dependents.
Mr. Ye's claim for compensation of 10,000 yuan has a certain basis from a legal point of view. As a socially disadvantaged group, manufacturers and sellers should pay more attention to the purchase and use of products for the elderly, and provide detailed instructions and guidance to avoid such tragedies.
As long as it can be verified and determined that the accident was caused by the quality defect of the cold kettle product itself, then the manufacturer needs to bear the corresponding liability for compensation.
Of course, whether the amount of compensation is reasonable or not also needs to be comprehensively assessed in combination with the specific circumstances of the elderly's injuries and the costs of follow-up treatment. The provisions of the law are only principled provisions, and they need to be implemented in accordance with the circumstances of the situation and reasonable.
Public opinion is divided
The incident sparked heated discussions online, with people with different views arguing endlessly, and public opinion disturbing.
Some netizens expressed strong support for Mr. Ye's claim, arguing that the root cause of the accident was serious negligence on the part of the manufacturer in the design and sale of the product.
Although the cold water bottle is marked with a suitable temperature range, as an ordinary elderly consumer, the meaning of this description may not be fully understood. As a producer and seller, it failed to fulfill its due obligation of explanation in the sales process, which led to the occurrence of this tragedy.
"70 degrees Celsius is considered a high temperature for the elderly with weak physical functions, and manufacturers should equip their products with thermometers to give consumers a clear understanding of the temperature of use and avoid this unexpected situation from happening again.
A netizen wrote, "The manufacturer did not take into account the needs of the special consumer group of the elderly, and simply and rudely threw all the responsibility to the elderly, which is really infuriating."
Another part of netizens believes that Mr. Ye's claim for compensation of 10,000 yuan is too high, and it is inevitable that there is some kind of non-divisive thinking. Judging from the situation explained by Mr. Ye, it is obvious that the old man caused it by improper operation when using it, and the manufacturer is unreasonably to blame.
One netizen bluntly said, "The manufacturer has done so many tests, even if the water temperature reaches 70 degrees, the product should not fail." It is obvious that the old man has made a mistake in the use process, and it is a bit overbearing to ask for 10,000 yuan in compensation based on this.
Some netizens put forward a neutral point of view, calling on both parties to bear some responsibility: "Judging from the situation, the old man is indeed negligent in use, but the manufacturer does have deficiencies in the instructions for use, lacking pertinence and detail."
Both parties have some faults to a greater or lesser extent, and only by mutual understanding and consideration and resolving disputes through negotiation can the matter come to a successful conclusion.
The compromise was rejected
Faced with a stalemate, producers are beginning to retreat. After all, although the old man did mishandle the operation, he was old and his body had suffered such a heavy blow, and the manufacturer could not escape the blame.
The person in charge of the company found Mr. Ye and said in a gentle tone: "Mr. Ye, considering your father's advanced age, I am personally willing to advance more than 2,000 yuan in advance as a hospital visit and condolence fee for your father, hoping to resolve some contradictions and differences between you and me, so that the matter can be resolved satisfactorily."
Seeing this, the staff of the manufacturer quickly explained that they did not mean not to pay compensation, but only hoped that they could finally reach a mutually acceptable result through negotiation and consultation.
"As long as you can produce conclusive evidence that the boiling water poured into the cold water kettle did not exceed 70 degrees Celsius at that time, we will accept your request in its entirety.
However, Mr. Ye was still unhappy with the manufacturer's explanation, and his attitude was very tough: "Why do you want me to come up with evidence? I didn't expect this to happen at that time, how could I have the heart to measure the temperature of the water?