Ms. Zheng, who lives in Shanlin Bangrong mansion, tingtou Road, Cangshan district, Fuzhou, called the hotline of this newspaper yesterday and said that at about 4 pm yesterday, her nephew, Mr. Zhang, drove to the community, “I told the security guard when I entered the community, take a thing and leave. I didn’t expect that when I left the community, the car was stopped by the security guard and a parking fee of 5 yuan was charged”. Ms. Zheng said that because of the parking fee, Mr. Zhang had a physical conflict with the security guard, and the van glass was also smashed by the security guard. Haidu reporter came to the community. According to a security guard, it was the van owner who moved the hand first before the conflict broke out between the two sides. “There is a notice at the entrance of our community, which states that 5 yuan will be charged within one hour and 30 yuan will be capped.” The reporter saw from the community surveillance video that after pushing and shoving, there was a physical conflict between the two sides. The car owner ran to the gate of the community, while the two security guards took sticks and confronted them. At 16:02:42, a security guard smashed the van glass with a stick. When the reporter arrived yesterday, the two parties had gone to the police station for investigation, and the case was still under trial. (Reporter Chen chaomao Chaoqing)
Month: April 2021
The deposit of 2,000 yuan in the men’s card disappeared inexplicably. It turned out to be stolen by friends.
& shy; Huang first stole his friend’s wallet, then put out the bank card password, and stole 2,000 yuan from the bank card. Unexpectedly, he was monitored to take money and exposed the stuffing. & shy; At the beginning of April, Xiao Chen’s wallet was stolen, and there were 900 yuan in cash and several bank cards in the bag. When reporting the loss of the bank card, the bank staff told Xiao Chen that the deposit of 2,000 yuan in one of the bank cards had been taken away. Xiao Chen immediately reported the case. The police of Weizhou police station took the surveillance and found that the person who took the money was Huang Mou, Xiao Chen’s good friend. On April 9, the police captured Huang. It turned out that Huang stole the wallet when Xiao Chen didn’t pay attention in early April and put out the bank card password. At present, Huang has been detained by the police. (Reporter Ye Zhiqin correspondent Weizhou comprehensive)
The operation phenomenon of occupying the sidewalk at the intersection of Nantai, shangsan Road, Fuzhou is serious (Figure)
& shy; Yesterday, Mr. Wang, a citizen, reported to this newspaper that on Nantai Road in Cangshan district and the sidewalk on the three-way intersection; Three-leg intersection, the electric car store occupied the road, and hoped that the relevant departments could manage it. & shy; The reporter saw that there were two or three electric car and battery sales shops, and there were two rows of electric cars about 30 meters long on the sidewalk a few meters wide in front of the shops, several young people are squatting on the sidewalk to overhaul the electric car, and the whole sidewalk is very crowded (as shown in the figure). & shy; The reporter then contacted the City Appearance Bureau of Cangshan District to reflect this matter, and the staff said they would send law enforcement officers to check and deal with it. (Reporter Chen Xiwen/photo)
Walking elevator sudden stop female customers fall and disability shopping mall takes full responsibility
& shy; These days, the “Beijing Heyi Hotel Women’s attack incident” continued to ferment on the Internet, triggering heated discussion among netizens. While netizens are generally concerned that Rujia group has made N fatal mistakes in public relations, every citizen who has the demand of going out to consume is also thinking about what kind of legal responsibilities merchants should bear in similar events. & shy; In case of similar accidental injuries, can customers claim compensation from merchants? How much compensation responsibility do merchants have to bear? In this regard, the interpretation of this issue selects two typical cases recently pronounced by our provincial courts, hoping to enlighten everyone. & shy; Case 1: & shy; Female customer falling down for elevator sudden stop disabled & shy; Court: responsible for accidents caused by improper operation of the mall & shy; On the morning of November 28, 2014, when Ms. Deng went to the RT-MART shopping mall operated by Xiamen runrui Commercial Co., Ltd (hereinafter referred to as “runrui Company”), due to improper operation of the mall staff, it caused the running elevator she was riding to stop suddenly. Ms. Deng was defenseless and fell down and was injured on the spot. & shy; After the incident, Ms. Deng went to several hospitals in Xiamen for treatment, and was diagnosed as right-hand radial fracture with ulna styloid fracture. During this period, RT-MART shopping mall paid 1000 yuan for her medical expenses. & shy; Since then, due to the failure of negotiation on compensation, Ms. Deng took runrui company to court in the second half of last year and demanded compensation for the loss. & shy; During the litigation process, Xiamen Siming District Court entrusted an authentication agency to identify Ms. Deng’s injury. & shy; The identification result is that her disability level is grade 10, the nursing period is assessed as 60 days, and the nutrition period is assessed as 60 days. & shy; Recently, the siming district court held that runrui company, as the operator of the shopping mall, failed to fulfill the security guarantee obligation of the manager, causing ms. deng to be disabled, and should bear all tort liability for the damage consequences according to law. At present, the economic losses such as medical expenses, nursing expenses, nutrition expenses, transportation expenses, disability compensation and appraisal expenses claimed by Ms. Zheng are reasonable and legal, but the specific amount should be subject to 86512.91 yuan determined by the court. In addition, she was injured in this accident and caused 10-level disability. She decided that her mental injury solatium was 8,000 yuan. & shy; Based on the above opinions, runrui company should compensate Ms. Deng for the total losses of 94512.91 yuan, deduct the paid 1000 yuan, and also compensate 93512.91 yuan. & shy; Case 2: & shy; Passengers were seriously injured in the explosion when taking the bus. & shy; The bus company was awarded a compensation of 1.17 million yuan & shy; On the afternoon of June 7, 2013, Ms Li, who worked in a logistics company, took the bus of Xiamen bus rapid transit operation Co., Ltd. (hereinafter referred to as “Bus Company”). When arriving near Kanayama station in Xiamen, the bus exploded because others set fire. Ms. Li was severely burned and immediately sent to the hospital. She was hospitalized for 180 days before and after, and spent more than 740,000 yuan on medical expenses. After that, she had to carry out a series of follow-up treatments. & shy; Last year, she took the bus company to court and asked the other party to compensate for all her losses. & shy; The bus company argued that the explosion involved in this case was a mass incident caused by man-made arson, which caused casualties and unfortunate consequences of vehicle burning. The bus company was also the victim of this case. Bus companies are willing to compensate Ms. Li for reasonable losses within the legal framework. & shy; The Siming district court of Xiamen city recently heard that Ms. Li took the express bus and the bus company charged the fee, and both parties formed a legal and effective transportation contract. The bus company has the obligation to transport her safely to the agreed place during transportation. However, due to an accident in the process of taking the bus, she was severely burned. Because the bus company failed to fulfill the obligation of safety guarantee, it had already constituted a breach of contract, and she should be liable for the breach of contract to compensate ms. li for her loss. & shy; After calculation, the bus company should compensate Ms. Li for the losses including transportation expenses, disability compensation, follow-up treatment expenses, hospitalization food subsidies, nursing expenses, lost work expenses, dependent living expenses, nutrition expenses, property loss, etc., amounted to more than 1.17 million yuan. The deduction of the amount that Ms. Li borrowed from the bus company was more than 40,000 yuan, which was more than 1.12 million yuan. The bus company shall pay more than 1.12 million yuan of the above personal injury compensation to Ms. Li within 10 days from the effective date of the judgment. & shy; Case 3: & shy; Man went downstairs after drinking and slipped fracture & shy; The restaurant failed to clean up the stair brewing accident in time, and was responsible for 70% & shy; On the evening of March 15, 2014, Mr. Lin and his friends Mr. Wang, Mr. Yu and others went to the balcony on the second floor of a restaurant in Shaowu city for dinner. After finishing the meal at about 8 o’clock that night, Mr. Lin and Mr. Yu went downstairs first, and they chatted while walking. Because of the oil and water on the steps, Mr. Lin slipped and fell on the ground. Later, he was sent to the hospital for first aid and hospitalized. He was admitted to the hospital for diagnosis: right patella fracture. & shy; On the 25th of that month, he had an operation under anesthesia and the operation went smoothly. Mr. Lin was hospitalized for 56 days and spent more than 20,000 yuan on medical expenses. & shy; Mr. Lin is not satisfied with the handling attitude of Ms. Wu, the restaurant operator. & shy; According to his introduction, after 10 o’clock on the night of the incident, Ms. Wu went to the hospital to visit him. Soon, ms. wu said that the child in the family was small and could not stay much. He left in a hurry before mr. lin finished the hospitalization procedures, without paying medical expenses or any indication of responsibility. The next morning, Ms. Wu took an employee to the ward to visit and then left. & shy; Mr. Lin called Ms. Wu many times to negotiate with him about hospitalization expenses. At the beginning, the other party made it clear that he would not pay for hospitalization and surgery, and asked him to discuss compensation after treatment. After that, she simply stopped answering Mr. Lin’s phone. & shy; In August, 2014, the judicial authentication center confirmed that Mr. Lin had left sequela due to the injury of the right patella, which was rated as grade 10 disability. & shy; Mr. Lin once called 12315 to appeal. Under the auspices of Shaowu Consumer Council, the two sides conducted a preliminary mediation, but failed. Under this circumstance, Mr. Lin took the restaurant to court in the second half of last year and asked him to compensate for the losses of more than 120,000 yuan. & shy; In the trial, the restaurant side argued that according to the actual situation of mr. lin’s fall, Yogueta was slipping, and it should be falling back instead of rolling down the stairs. And it was because he fell down the stairs only when he went downstairs and stepped on the empty under the condition of heavy drinking, so the responsibility for his fall was himself. There are carpets on the stairs of the restaurant, and “Caution Slippery” signs are placed at the corners of the stairs and the corners of the stairs and the ground. The restaurant has fulfilled the corresponding security obligations, there is no fault such as imperfect facilities or neglect of protection. & shy; In addition, the companions who drink together with Mr. Lin have the obligation to pay attention to each other. It can be seen from the menu of the day that 8 people such as Mr. Lin drank two boxes of beer and several bottles of Ningxia Red, which far exceeded the tolerance of normal people. Mr. Lin was limited in his actions due to excessive drinking. He went downstairs to step on the air and fell down. The responsibility was entirely on himself. & shy; Shaowu city court recently held that according to the provisions of the Tort Liability Law, Mr. Lin fell down and was injured while going down the stairs after the restaurant’s meal, should bear the corresponding responsibility according to the fault of both parties. & shy; In this case, the restaurant should provide necessary security for customers, but it is not equipped with necessary material security, such as not equipped with anti-skid floor mats, placing anti-skid warning sign, etc, and in the case of oil and water on the stair surface, it was not cleaned up in time, resulting in Mr. Lin stepping on the oil water and falling down and getting injured. The restaurant did not fulfill the safety guarantee obligation within the reasonable scope, and should be liable for compensation for the damage to Mr. Lin. & shy; Stairs have slope, which is different from walking on flat ground, and people need to be more cautious. However, when mr. lin chatted with others in the process of going down the stairs, his attention would inevitably be scattered into the conversation, but he did not notice the condition under his feet as carefully as possible. He fell down and got injured when stepping on the oil and water on the ladder, it has a certain fault for the occurrence of the damage result, which can appropriately reduce the compensation liability of the restaurant. According to the actual situation of this case, the court decided that the restaurant should bear 70% of the loss of Mr. Lin. & shy; According to this, the court ordered the restaurant to compensate Mr. Lin for various losses of more than 60,000 yuan. & shy; □ lawyer’s statement & shy; Merchants who fail to fulfill their security obligations shall be liable for compensation. & shy; Chen jie, deputy director lawyer of fujian law firm, believes that in recent years, many citizens have suffered damage in accommodation, catering, entertainment and other business places or other social activity places, this caused a series of compensation problems. & shy; To this end, the law has set up a legal obligation for operators-security obligation. & shy; This obligation specifically refers to the safety guarantee obligation undertaken by the operator in the business place to consumers, potential consumers or other people entering the service place according to law. The content of guarantee includes personal and property safety. & shy; The subject of its obligation is the operator of the service place, including the owner, manager and contractor of the service place, who have legal security obligations to the place, or citizens with de facto control, legal persons or other social organizations. & shy; The first paragraph of article 6 of the supreme people’s court’s interpretation on several issues concerning the application of law in hearing cases of personal injury compensation clearly stipulates: “engaging in accommodation, catering, natural persons, legal persons and other organizations engaged in business activities such as entertainment or other social activities fail to fulfill their security obligations within reasonable limits, causing personal injury to others, the People’s Court shall support compensation rights holders who request them to bear corresponding compensation responsibilities.” & shy; The law on the protection of consumers’ rights and interests also stipulates: “Consumers have the right to not damage their personal and property when purchasing goods and receiving services. Consumers have the right to require the goods and services provided by operators to meet the requirements of ensuring personal and property safety.” & shy; Generally speaking, there are three main types of operators violating their security obligations. & shy; First, the service provided by the operator itself or the hardware equipment is not safe, resulting in customer damage. & shy; Second, the consumption environment created by operators is unsafe. & shy; The third is the negative inaction of the operator, failing to diligently fulfill the obligation of preventing and stopping illegal infringement, and causing the client to suffer due to the infringement of the third party. & shy; The tort liability of the security obligor is all fault liability, and the tort liability is assumed only when the occurrence of the damage is at fault. Both direct liability and supplementary liability are based on fault. & shy; If the security obligor fails to fulfill the security obligation to “directly cause” personal injury to others, it shall bear direct responsibility. & shy; Need to explain as follows: the operator’s obligations are limited, if it has fulfilled the “reasonable” duty of care, then there is no responsibility; the identification standard depends on whether its behavior meets the requirements of laws, regulations, rules or operating procedures, and whether it meets the degree of caution that an honest and kind practitioner should possess. & shy; The forms of breach of obligations by security agents can be roughly divided into two categories: first, there are defects or flaws in equipment, facilities and places, which do not meet the requirements of security; Second, failure to fulfill the duty of care in operation or management activities has defects in management or service. & shy; For example, when the hotel is decorated, remove the railings outside the balcony of the room without warning signs; The restaurant floor is too slippery and the aisle lights are too dim; The entertainment facilities of the playground are not regularly inspected and maintained. & shy; In addition, if the third party’s behavior causes damage to others, the third party shall bear the tort liability. Only on the premise that the third party cannot be determined or unable to compensate, if the administrator or organizer fails to fulfill the obligation of security, he shall bear the corresponding supplementary responsibility. (Reporter Chen H & X)
The city management night guard captured the green part of the car vehicle or was fined 30,000 yuan for 60 days
The morning before yesterday, Mr. Chen, a citizen of Fuzhou, reported to the hotline of Haidou 95060 that there were a large number of parts of the car on the hillside of Niu Yuanting near Yongfeng communication in Minhou, the original vegetation trees are piled up into mountain muck. Yesterday morning, the Minhou Urban Construction Supervision Brigade captured three parts of the car on the Yongfeng communication auxiliary road according to the report of Haidu readers. These vehicles belong to Fujian xinrongda part of the car company, and the brands are Fujian AC9611, Fujian AC7398 and Fujian AC7391 respectively. The original vegetation on the hillside was buried by muck and garbage. Below the muck Mountain is a driving school and a third ring auxiliary Road. The morning before yesterday, the reporter came to Niu Yuanting. Walking along the mud road for 15 minutes, the reporter saw a piece of nearly 10 mu of flat hillside, where all the original vegetation and trees were razed and replaced by several meters of muck and construction waste, the traces of on-site muck and wheel rolling are very new. A large amount of muck and mud poured down the hillside, and under this muck Mountain was the as right as rain driving school and the Third Ring Road Auxiliary Road. According to a nearby villager, some large part of the car arrived here these nights, dumping muck and garbage on the hillside. Because some people on the scene were gangsters in the village, the villagers dared not speak out because they were angry, so they had to complain to the relevant departments secretly. Vehicles involved or fined 30,000 yuan for 60 days The reporter contacted the Minhou Urban Construction Supervision Brigade and the new store urban management squadron of Jin’an City Appearance Bureau, and finally confirmed that the plot was the border of Yongfeng village, Jingxi, Minhou. According to officers of urban management, due to the interlaced border between Minhou and Jin’an district, it is difficult to distinguish who is responsible for some plots, and some illegal parts of the car take the opportunity to dump the mud at the junction. Therefore, under the three-ring viaduct in the area of Yongfeng interconnection and Xiling interconnection, the situation of dumping and unloading muck and construction waste has been repeatedly prohibited. Yesterday morning, Minhou Urban Construction Supervision Brigade and Jingxi town Urban Management Squadron launched joint law enforcement. In the early morning, law enforcement officers found that three cars arrived at the site to unload the muck pour inside, and one of them pushed the muck down the hillside. Law enforcement officers immediately obtained evidence and temporarily detained the part of the car involved. The three parts of the car are Fujian AC9611, Fujian AC7398 and Fujian AC7391 respectively, which are all vehicles of Fujian xinrongda dregs transportation company. Law enforcement officials said that the case is still under further investigation. Once it is determined to dispose of the muck without permission, the vehicles involved will be fined up to 30,000 yuan and deducted for 60 days. The relevant person in charge of Minhou Urban Construction Supervision Brigade said that if citizens find illegal transportation or disorderly unloading, they can contact the city management of Minhou County. Contact number: 0591-22075656, night duty: 0591-22982240. (Reporter Chih-Hung Chang text/picture)
The driver of the car next to Wanxiang City in Fuzhou was sleepy a chain collision, causing 1 death and 2 injuries.
As the saying goes, “Spring is sleepy and autumn is exhausted”. In the afternoon of spring, it is always easy to make people sleepy, which is hidden in danger for driving friends. Today’s lesson of blood reminds everyone again that don’t hold on when you are sleepy. This is not only a personal matter, but also related to the safety of others. After the woman was knocked down, she got involved in the bottom of the car. The man on the phone next to him is the driver (netizen for pictures) Luan.com, April 3 (Haidu reporter Chih-Hung Chang) yesterday was the first day of Qingming holiday, and pedestrians on Yiyuan Road near Wanxiang city, Fuzhou were like weaving. At more than 3 pm, a car suddenly lost control when entering from the industrial Road. After hitting a man first, it knocked down a young woman into the bottom of the car, and then accelerated backward, suspected to crush the woman under the car again. In addition to causing 1 death and 1 injury to 2 people who were hit, the guardrail knocked down also scratched 1 pedestrian. After being controlled by the police, the driver said that he used the accelerator as the brake because of being sleepy. “At that time, the red car was like crazy. It stopped after hitting two people in a row. Unexpectedly, it retreated and involved the person knocked down in the bottom of the car.” Yesterday afternoon, when the Haidu reporter arrived at the scene, the witness Mr. Shen talked about the scene at the time of the incident, which was still in shock. According to the introduction, at about 03:20 P.M., he came out of Vientiane City and walked through McDonald’s restaurant to Yiyuan Road. When he saw a red car turning into Yiyuan Road from industrial Road, the speed suddenly accelerated and rushed towards the roadside. A man could not avoid being hit by a car. Then a young woman was also hit and involved in the car, the car stopped after knocking down the guardrail. Just when everyone was in shock, the red car suddenly retreated again, doubting that it ran over the young woman involved in the car again. In addition, the guardrail knocked down also scratched a middle-aged woman. Another witness, Mr. Chen, said that he was on the pedestrian bridge nearby at that time. After hearing the squel and collision sounds, he saw that the red car license plate number was Fujian A002M6, A man dressed in yellow got out of the car and called the police. Then the police and 120 emergency ambulance came and sent three injured people to the provincial People’s Hospital for treatment. The vehicle and driver were then taken away by the police. In the emergency room of the provincial People’s Hospital, the reporter learned that the young female injured woman, whose surname is Zheng, is only 26 years old, is a native of Jianzhen in Nanping. She works in Fuzhou. Because her sternum was crushed and cracked, she hurt her internal organs, after several hours of rescue, he died because the injury was too heavy. Her parents also rushed from Jianying to Fuzhou to deal with the aftermath that night. Such changes were no different from a bolt from the blue to the blue for their families. The injured man suffered multiple bruises on his back, but his life was not in danger. In the emergency room, the reporter saw Xu MOU, the driver of the accident controlled by the police. According to him, he was driving his wife to Wanxiang city for shopping at that time. Because the sun was shining yesterday afternoon, he was sleepy when he drove into Yiyuan Road, and the vehicle rushed to the roadside out of control, I didn’t wake up until I hit the man and the guardrail. Realizing that he hit someone, he changed gears and stepped on the brake in a hurry, but mistakenly used the accelerator as the brake and set the car back. At present, the specific situation of the accident is still under investigation.