"The washbasin in the inn was shaking, and the child fell down while taking a bath, so he instinctively helped the washbasin, but the pool fell down, scratching the child's leg and requiring more than 50 stitches."
On May 13, Ms. Wang from Datong, Shanxi Province, was interviewed by a reporter from Huashang Daily Gale News, questioning the hidden dangers in the safety facilities of the B&B inn, which led to an accident with her 6-year-old nephew, which made the family feel heartbroken.
>>> injured in an accident
"Falling in the bath, instinctively holding the basin, was cut on the calf by ceramic shards"
Ms. Wang introduced that they are Datong people, and they traveled to the ancient city of Pingyao in Jinzhong City, Shanxi Province during the May Day holiday, and stayed at an inn on May 3, and their 6-year-old nephew was accidentally injured while taking a bath.
The wound on the child's leg Courtesy of the interviewee
"They lived on the second floor, and the incident was in the bathroom on the second floor. His mother was present at the time, and he fell down in the bath, so he instinctively helped the sink to wash himself, but the pool collapsed, and the ceramic shard cut the child's right calf, and the blood flowed a lot. ”
Ms. Wang said that it is impossible for the bathroom to be monitored, and the washbasin itself is not stable, "It is to move left and right, and the safety of guests should be the first place to open an inn, at least this washbasin should be fixed and dead." ”
Washbasin after falling to the ground Courtesy of the interviewee
Ms. Wang told reporters that they called the police that day, "There are three children with me, and he (nephew) has a 5-year-old sister, who was frightened and had convulsions, and it was the police who sent her to the hospital." There is also an older child who is also scared of a fever, so he doesn't live on the second floor, and he moved to the first floor, we went to see it, and the washbasin is also shaking, and I specially shot a video. ”
The video taken by Ms. Wang shows that the same floor-to-ceiling washbasin can be rocked back and forth with your hands.
>>> parents are worried
Changing dressings every 3 days and bleeding from the wound will affect the child's further education
"At that time, the child's wound was quite serious, because we were treated there (Pingyao) and had more than 50 stitches, and we didn't give the child tetanus injections, so we were really worried at the time."
According to the diagnosis and treatment proposal of Pingyao County People's Hospital, the child was admitted to the hospital on May 4 with soft tissue lacerations in the right popliteal fossa and the back of the thigh. The doctor recommended that the right lower limb should not be stepped on the ground for 3 weeks after the injury, the wound should be changed every 3 days, and the sutures should be removed about two weeks after the operation.
Ms. Wang said: "Because we are not familiar with life in Pingyao, we came back in a hurry, and we can only let the child be hospitalized first. ”
Ms. Wang said that the child also suffered, and the brother and sister are now hospitalized, and they will need follow-up treatment and have not recovered.
"The child is still young, such a big wound will definitely leave a scar, and now I can't move, yesterday (May 12) changed the dressing, the doctor said that there is still bleeding in the mouth, even if it is good, it will take a while, and it will affect the child's learning, and the child will participate in primary school."
>>> complaint was unsuccessful
The wound did not heal well, and the inn paid 3,000 yuan
"This is a two-room suite, and the accommodation fee for one night is 800 yuan." Ms. Wang introduced that after the incident, her brother-in-law went to find the inn, "They gave 3,000 yuan, exempted part of the accommodation fee, and my brother-in-law came back with the money, but now the medical expenses on both sides, including the child's wound healing is not very good, and bleeding, the treatment cost has cost nearly 5,000 yuan." ”
Ms. Wang said: "When I went to complain, they said that the problem was solved, and we were very dissatisfied with the handling of this matter, but we had to treat the child first, and we came back first." I went to the inn again, and they said that they were not responsible, that it was our own responsibility, that we did not take good care of the children. At that time, the police also called the police, and the police said that there was primary and secondary responsibility, saying that we were the main responsibility. ”
"The main reason is that the washbasin is overturned and the child is injured, and the store should be responsible. I checked, as long as there is an accident in the hotel, the business should have a certain responsibility. ”
Ms. Wang said frankly that the other party did not understand the anxiety of the parents, "What am I angry about?" I used to say good things, saying that we came here to solve the problem, and the matter has already happened, and no one wants it to happen, but I didn't expect the other party to say that I have a bad attitude. ”
Ms. Wang provided screenshots of phone calls made on May 5 and 6, "I called '12345', also called '12315', and also called the Bureau of Culture and Tourism and the Bureau of Industry and Commerce (City Supervision Bureau), but there is basically no reply until today (May 13). ”
>>> "Consider yourself unlucky"
Shopkeeper: The basin is fixed with glue, and the child picks it up himself
On May 14, a reporter from Huashang Daily Gale News contacted the innkeeper and said that the matter had been dealt with.
"The washbasin that the child picked up by himself, has it been negotiated and dealt with, we lost money, I don't know how much I paid, and the accommodation fee is waived."
The boss denied that the washbasin was unstable, "The basin is fixed, and there is a seam glue underneath to fix it." I have paid for the damage to the basin, I consider myself unlucky, and I have long forgotten the price of the basin. ”
As for why the fixed washbasin will fall, the boss said: "Who knows, if it is poured in an instant, who can know the strength?" ”
The innkeeper confirmed that after the incident, "it was the (Pingyao City) Culture and Tourism Bureau that came out and paid compensation." ”
>>> official response
Pingyao Municipal Bureau of Culture and Tourism: "What is there to connect with the parties"
On the afternoon of May 14, a reporter from Huashang Daily Gale News contacted the Pingyao Municipal Bureau of Culture and Tourism, and the worker who answered the phone replied: "I haven't dealt with it specifically, I'll ask you to see who handled it." ”
But then he told the reporter that it was inconvenient to be interviewed by the media, "If there is anything to do with her." ”
The reporter contacted the Pingyao Municipal Market Supervision Bureau, and the staff said that they did not know about the matter. "I don't know who handled it, I can't find it either, just let her (Ms. Wang) contact '12345' directly, we have now '12315' merged to this hotline, and we should inform her."
The reporter contacted "12345", and the staff replied that they had to call the mobile phone number of the person concerned to report the problem.
>>> lawyer's statement
According to the degree of fault, the amount of compensation is determined by dividing the primary and secondary liabilities
Fu Jian, director of Henan Zejin Law Firm, pointed out in an interview that the inn, as the operator and manager of a public place, has a security obligation, and the principle of attribution of responsibility is the principle of fault liability, and the reason for its exemption from liability is that he is not at fault.
Fu Jian said that according to the provisions of the "Consumer Protection Law" and the "Civil Code", the hotel has the obligation to ensure the safety of hotel facilities, "6-year-old children, the strength is far less than that of adults, but they can easily "knock down" the washbasin. If the washbasin is not stable and shakes, and the child is injured, it is presumed that the inn is at fault and should be held liable. ”
At the same time, Fu Jian believes that the 6-year-old boy's bathing itself is dangerous, and the guardian is also at fault for failing to fulfill his guardianship duties and causing the child's injury. In this case, the primary and secondary responsibilities should be divided according to the degree of fault of both parties, and then the amount of compensation should be determined.
Fu Jian suggested that the boy's family could contact the local departments of culture and tourism, municipal supervision, and housing and urban-rural development to conduct quality inspections of the hotel's bathing facilities, take pictures of the washbasin in the accident, and preserve and collect evidence. If there is a dispute between the two parties over the proportion of their respective responsibilities, they may negotiate in advance, and if the negotiation fails, a civil lawsuit may be filed.
Huashang Daily Gale News reporter Li Hua Editor Li Zhi
(If there is any breaking news, please call the news hotline of Huashang Daily at 029-88880000)