Go to a shopping mall but be seriously injured by a jumper!
Remember more than a year ago,
Did the 27-year-old Xiao Meng suffer a "flying disaster"?
April 23, 2023
Xiao Meng is in Shanghai Minhang Longhu Tianjie shopping mall
Hit by a man who jumped off a building
The jumper died
Xiao Meng was seriously injured
After a long period of treatment and rehabilitation
May 13, 2024
Xiao Meng sued the relatives of the jumper
and shopping mall properties
In the People's Court of Minhang District, Shanghai
The trial was held in the Qiaoqiao Court
The plaintiff in the case is Xiao Meng;
There are four defendants, namely:
The son of the defendant 1, the defendant 2 Longhu Property Service Group Co., Ltd. Shanghai Branch, the defendant 3 Shanghai Heyan Real Estate Co., Ltd., and the defendant 4 Longhu Property Service Group Co., Ltd
thereinto
The defendant is the actual property manager of the shopping mall
Defendant 3 was the actual operator of the shopping mall
The plaintiff argued
The four defendants jointly bear a total of more than 2.13 million yuan in compensation for the plaintiff, including medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, accommodation expenses, lost work expenses, disability compensation, mental loss expenses, and two appraisal fees.
At the same time, the four defendants should apologize to the plaintiff and pay the corresponding litigation costs.
In May 2024, Xiao Meng and his mother were in a rental house.
Surging News reporter Zou Jiawen丨picture
Misfortune is coming
April 23, 2023
Xiao Meng walked in the Longhu Tianjie shopping mall in Minhang, Shanghai
was unfortunately hit by a jumper who fell from the sky
The jumper died
Xiao Meng was rescued after emergency rescue
The guardrail on the 5th floor where the man fell from the building
Source: Shanghai Legal News, Jimu News
A few days ago, Xiao Meng's mother, Ms. Wang
Xiao Meng's disability appraisal was issued to reporters
The appraisal opinion shows
The appraised person, Xiao Meng, was injured for some reason, resulting in cervical spinal cord injury, and the sequelae of severe urinary dysfunction with mild defecation dysfunction, mild non-limb paralysis movement disorder, and the sequelae of cervical spine surgery constituted grade 5, 8, and 10 disabilities of human injury, respectively.
After the injury, rest until the day before the disability, nursing for 180 days, nutrition for 180 days.
The appraisal report was signed on January 19, 2024.
In April 2023, Xiao Meng's mother took a picture of Xiao Meng on the hospital bed. Photo courtesy of the interviewee
Another issued by Ms. Wang
Psychiatric forensic appraisal shows
The person being appraised is Xiao Meng
Organic psychiatric disorders
It currently constitutes a Grade 10 disability
Brain damage caused by this accident
Plays a full role in the consequences of current disability
The appraisal report was signed on March 8, 2024
Screenshot At present, Xiao Meng's regular rehabilitation in the hospital is coming to an end, but he still suffers from pelvic floor muscle weakness
Difficulty in spontaneous excretion
By the end of May, Meng will have another operation
Remove the fixation at the collarbone
So far, they have spent more than 260,000 yuan on medical expenses in the hospital, and less than 150,000 yuan have been paid
There are still more than 10 yuan in the hospital
In June 2023, in the ward, Xiao Meng and his mother.
Surging News reporter Zou Jiawen丨picture
The person who fell from the building stayed outside the railing for nearly 3 minutes,
There is no evacuation or warning on the first floor of the mall?
Chen Chunyang, one of the plaintiff's lawyers who appeared in court, told reporters that legally speaking, one of the heirs of the estate of the jumper, who is also the son of the jumper, and another heir, the sister of the jumper, have clearly expressed their renunciation of inheritance, and neither of them attended the trial. Article 1161 of the Civil Code stipulates that if the heir renounces the inheritance, he shall not be liable for the taxes and debts payable by the decedent in accordance with the law.
Xiao Meng said
Family members and lawyers in the process of collecting evidence from the police
Preliminary understanding
The jumper is 73 years old and has little inheritance
"Even when he died, he owed the landlord 500 yuan in rent."
In her mother's mobile phone, a photo of Xiao Meng when she was a teenager. Surging News reporter Zou Jiawen丨 Remake
The plaintiff's lawyer, Chen Chunyang
The reporter was shown the day of the incident in the mall
Surveillance footage on the fifth and first floors
It has been presented as evidence to the Tribunal
According to her -
- From the abnormal behavior of the person who fell to the final fall, a total of 4 minutes and 05 seconds passed;
- 3 minutes from the time of discovery by the security guard;
- The person who fell from the building stayed outside the railing for up to 2 minutes and 56 seconds.
In the process
The person who fell from the building had one foot dangling in the air,
Looking down, throwing hats, etc.,
The security guard had 10 walkie-talkie calls, and carried out actions such as stopping the elevator near the incident on the fifth floor, negotiating with the jumper, and evacuating the onlookers on the fifth floor.
However, the mall did not evacuate the first floor
It can be seen from the surveillance footage
Pedestrians on the first floor were still walking as usual before the incident
"Until Xiao Meng was smashed,
There have been no security guards on the ground floor to take measures. ”
So how does the mall explain it?
In this regard,
Wu Buda, another lawyer representing the plaintiff, said
The defendant's lawyer pleaded in court
There are 10 walkie-talkies that report and respond to the same matter back and forth, which cannot be separated.
At the time of the incident, the security personnel reported the situation to the mall property headquarters as soon as possible, and a number of staff with non-mandatory posts were sent to the site on the fifth floor, while more staff with fixed posts still stuck to their posts to prevent other emergencies that might occur in the mall at the same time.
The defendant's lawyer argued that it had been calculated that if security was required to be in place within three minutes, the mall would need to hire 52 additional people, and if the cost of prevention was too high, it could not be considered that they were at fault in their security obligations.
furthermore
Comprehensive monitoring screen recording
The plaintiff's lawyer asked
After Xiao Meng was hit by a jumper
The measures taken by the defense hindered the rescue
The main manifestations are-
- The security personnel set up iron horses and fences to block the two people on the ground, and the rescuers had to bend down to enter the scene through a single channel to pull people, and the narrow encirclement increased the inconvenience for the rescuers to judge the injuries on the spot.
- In addition, at 17:50:01 in the surveillance footage, the fence in the hand of a staff member slipped down while moving the iron horse, which does not rule out the possibility of causing secondary injuries to the plaintiff.
Xiao Meng said that he had an emotional loss of control in court, and the defendant's lawyer pointed out that in such an emergency situation, fencing is a measure that any shopping mall will take, because the bloody scene cannot be made public in the public's view
This is also due to the protection of the privacy of the person concerned
But this was interrupted by the plaintiff Xiao Meng crying in court, she said: "If I am a few minutes late today because of the delay in the rescue, and the person is not there,
Do I still want this privacy? ”
The trial lasted more than three hours on May 13
The court announced that the trial would be reconvened at a later date
On May 15, the Longhu Tianjie shopping mall in Minhang, Shanghai, said that the case was in the process of being heard
It is not convenient to disclose more information at this stage
Wu Buda, the plaintiff's lawyer, said,
"This is an important case" -
first
It has a lot of traffic on shopping malls and other crowded places
Emergency plans, emergency drills, etc
Higher requirements are put forward;
second
When people come across this
Accidents for which you are not responsible,
How to experience pain after that
Don't you have to bear such a big financial loss again?
Why is the illegal parking phenomenon here in Minhang so serious?
The well-known landmark in Minhang will be demolished in 10 days???
Why did the original "Xinzhuang Station" disappear?
Rectification丨Lin Wu
Editor丨Lin Wu
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