Recently, a takeaway brother in Huizhou, Guangdong Province delivered food and pulled the glass door of the store, and the glass door suddenly shattered after moving, causing his hand to be injured. The store said that the little brother did not see the lock on the door, which caused the incident to happen, the door was worth 1,200 yuan, and asked the little brother to pay half of the cost of 600 yuan. The little brother said that the door was pasted with a takeaway logo, and the light was dim and he didn't see the lock, so he walked through this door; He disagreed with the payment, believing that the store was solely responsible.
Yao Zhidou of Beijing Jingshi Law Firm believes that it is difficult for the businessman's measures to make Xiaoge realize that the glass door is broken or prohibited from passing, and it may be difficult to support Xiaoge to bear half of the cost. The brother's arm injury can be recognized as a work-related injury, and the medical expenses can be claimed from the merchant according to the regulations.
The glass door suddenly shattered after moving
Recently, some netizens posted a video reflecting that when a takeaway brother in Huizhou, Guangdong Province delivered food and entered the glass door of a store, the glass door suddenly shattered, and the brother's arm was scratched, and the store asked the takeaway brother to compensate 600 yuan. Surveillance video shows that the glass door has two pieces with a U-shaped lock hanging from them, and the curtain inside the door is more than half closed, and the light is less exposed.
The video shows that after the little brother pulled a glass door, the other glass door that was pulled suddenly shattered, and the broken glass fell into his hand. The little brother said that although it was not the main entrance, there was a takeaway sign on the door, and at the same time, the curtain inside was half closed, causing the light to be dim, and he didn't see it locked, so he chose to enter.
On October 14, Mr. Huang, the person in charge of the store, told the poster news reporter that the little brother did not notice that the door was locked, causing the glass to shatter. It costs 1,200 yuan to change the door, and I hope that both parties will bear half of the cost, and the cost of the takeaway brother will be compensated by the insurance company of the takeaway platform, but the takeaway man disagrees and insists that it is the full responsibility of the store.
Lawyer:
Let the little brother bear half of the cost, it may be difficult to get support
In this matter, how should the responsibility for the broken glass door be divided, and should the little brother bear half of the cost? Yao Zhidou, a lawyer at Beijing Jingshi Law Firm, said that the video showed that the store locked the broken door (marked as takeaway), and the takeaway brother did not kick the door, violently drag, excessive force and other improper door opening behaviors when delivering food, and the glass door was broken under normal use.
Yao Zhidou said that as a place open to the outside world, the store has the obligation to ensure the personal safety of customers visiting the store. In this incident, if the glass door has certain safety hazards or contraindications when in use, the store should clearly inform and remind the customers who come to the store, "For example, if the door is broken, it is forbidden to push and pull, the door is locked, and the glass is fragile; Or arrange a clerk to open and close the door for customers; or install safety devices to prevent collisions, slow down, or limit angles, etc., so that passers-by should not misunderstand. ”
Yao Zhidou said that according to the statement of the little brother and the store, the store only reminded it by marking takeaway and locking measures when it knew that the glass door had potential safety hazards, and the door curtain was half-closed and the line of sight was dark, so it could not be overly harsh on passers-by to realize that the glass was broken or that the door was forbidden to pass. Therefore, it should be measured by the normal behavior of ordinary people, and if the little brother is not at fault, it may be difficult for the merchant to support the claim that the little brother should bear half of the cost.
The little brother can ask the merchant to pay the medical expenses in accordance with the law
Is the elder brother's arm injury a work-related injury? Who pays for its medical expenses? Yao Zhidou said that Xiaoge has an employment relationship with the takeaway catering platform, and according to the "Regulations on Work-related Injury Insurance", if he is injured in an accident during working hours due to work-related reasons, he can be recognized as a work-related injury.
According to the Civil Code, "the operators and managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business venues and public places or organizers of mass activities shall bear tort liability if they fail to fulfill their safety and security obligations and cause damage to others." You can claim medical expenses from the merchant.
Source: Xiaoxiang Morning News