Xinmin Evening News (Correspondent Xie Yanwen Reporter Yuan Wei) The decoration of the wedding house was a happy event, but after the new house was renovated for 3 months, Mr. and Mrs. He found that there were several wormholes on the purchased oak antique solid wood floor. Mr. He believed that the insect pest of the floor came from the floor itself, so he found the floor sales company and the distribution company responsible for installing the floor at the door, but the two companies refused to compensate, and Mr. He angrily sued the two companies and the floor manufacturers in court. Recently, the Hongkou District Court heard this product liability dispute, and Mr. He's request for repairing the floor loss and insecticidal costs was finally supported by the court.
Image source: Visual China
During the trial, the sales company argued that it had fulfilled its obligation to inspect the incoming goods, and that the moth was an intrinsic quality problem in the floor that could not be detected through testing, so it should not bear the liability for compensation. The distributors and manufacturers of the installation argued that the floor needed to be dried and painted at high temperatures during the production process, which was enough to kill moths, believing that it was impossible for the floor to bring its own moths or insect eggs, and the two companies agreed to replace the mothed floor of Mr. Ho's house, but did not agree to replace all the floors.
The key to the case is to determine where the moths in the floor come from and whether the floor comes with it. Where can we find such an appraisal institution to do professional appraisal? The judge finally approached the Shanghai Entomological Museum of the Chinese Academy of Sciences and commissioned it to identify whether the moths were brought by the floor. The Shanghai Entomological Museum issued a professional appraisal report, and the result was that the floor was covered with live brown mealybugs before delivery and laying. As to whether all the floors should be replaced, the court also entrusted the relevant institutions to identify, taking into account the habits and activity characteristics of the brown mealybugs, the appraisal opinion was that the floor should be completely replaced.
After a public trial, the court held that consumers have the right to obtain quality assurance when purchasing goods, and consumers enjoy the right to compensation in accordance with law when they suffer personal or property damage due to the purchase, use of goods or services. Consumers or other victims who cause personal or property damage due to defective goods may request compensation from the seller or producer. In this case, the manufacturer should be liable for compensation for quality problems in the flooring produced by the manufacturer. Distributors are not producers and direct sellers, so they are not liable. The floor found by the sales company through the purchase inspection is a live brown mealyfish, so it is not responsible.
In the end, the court ordered the manufacturer to pay Mr. He the entire cost of floor repair of 28,000 yuan. In addition, due to the characteristics of the activity of the brown mealyfish may lead to safety hazards in other wooden furniture of Mr. He's home, the court also upheld Mr. He's reasonable request for insecticide of other wooden furniture, etc., and decided to settle the cost of insecticide of 3,000 yuan and the cost of renting a house where Mr. He lived outside during the floor repair period of 2,000 yuan, which was also borne by the manufacturer.
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