Last month, Mr. Zhang, a citizen of Nanjing, stepped on the air from the steps while singing with his friends on KTV and fell to the ground, causing a fracture. Who should be responsible for the resulting surgical fee of tens of thousands of yuan?
Mr. Zhang lives in Dongbai Guoyuan Community, Nanrui Road, Nanjing. It has been more than a month since he fell and the reporter went to Mr. Zhang's home. At present, Mr. Zhang is still in bed and can't get out of bed.
Things have to start from October 14th. In the afternoon of that day, Mr. Zhang and six or seven friends came to a KTV on Hunan Road, Nanjing to sing. An accident happened at around three o'clock.
The customer broke his bones in KTV, and his family claimed 7,000 yuan. Store Manager: Compensation for 10,000 yuan. Recharge card
At that time, Mr. Zhang was going to the bathroom. Because the light in the KTV was dim, Mr. Zhang stepped on the air and fell down the steps.
Mr. Zhang fell down and couldn't get up in the private room. After the doctor diagnosed Mr. Zhang, the right femoral neck fracture , was discharged from the hospital for rest after surgery. During this period, Mr. Zhang's family and friends found KTV many times and asked to negotiate to resolve the medical expenses, but the other party said that it would be better to go through legal procedures.
The place where Mr. Zhang fell was a KTV located on Hunan Road, Nanjing. KTV staff said that their person in charge would come to the store only at 8 o'clock every night and could not be contacted now.
The customer broke his bones in KTV, and his family claimed 7,000 yuan. Store Manager: Compensation of 10,000 yuan for recharge card
Under the leadership of Mr. Zhang’s family and friends, the reporter and the lawyer walked into the private room where Mr. Zhang and his friends sang at that time and found that there was indeed a 6-centimeter-high step below the sofa area. The store posted a warning "Beware of the steps" next to the steps and posted a reflective strip on the steps. According to Mr. Zhang's friends, from the time they entered the private room to the accident, the lights in the room were very dark, which caused everyone to not pay attention to the steps under their feet. They believe that KTV should bear responsibility for Mr. Zhang's fall.
In response to this, the lawyer said that both parties need to provide evidence to determine their respective responsibilities.
The customer broke his bones in KTV and his family claimed 7,000 yuan. Store manager: Compensation for 10,000 yuan. Recharge card
Jiangsu Fade Dongheng Law Firm Wang Ru: According to the provisions of the "Tort Liability Law of the People's Republic of China", if the managers of public places such as hotels, shopping malls, entertainment venues and other public places fail to fulfill their safety obligations and cause damage to others, they shall bear tort liability. As for this incident, if consumers claim compensation, they must prove that kTV violates its security obligations and cause damage to it; KTV should provide evidence that it has fulfilled its security obligations. The two parties may negotiate first, and if the negotiation fails, they can sue the court.
The customer broke his bones in KTV, and his family claimed 7,000 yuan. Store Manager: Compensation for 10,000 yuan. Recharge card
By phone, the reporter contacted the KTV store manager. He agreed to come to the Hunan Road branch of the Market Supervision and Administration Bureau of Nanjing Gulou District to negotiate face-to-face with consumers. Mr. Bao, the manager of
KTV, said that they regretted Mr. Zhang's accidental fall. However, if the legal process is not followed, it will be difficult to define the responsibilities of both parties, and it is even more difficult to determine the specific amount of compensation. Drawing on previous processing experience, the person in charge of KTV came up with two solutions.
The customer broke his bones in KTV, and his family claimed 7,000 yuan. Store Manager: Compensation for 10,000 yuan in recharge card
Mr. Bao admitted that since the incident happened in the store, we must have some responsibility. If you use the recharge card, you can recharge more than 10,000 yuan in the card as a offset. If you want to pay cash, it is recommended to go through judicial procedures and we will pay as much as we should.
The customer broke his bones in KTV, and his family claimed 7,000 yuan. Store Manager: Compensation for 10,000 yuan in recharge card
In response to this, Mr. Zhang's family said that first, they do not need the recharge card of KTV, and secondly, they have no sales. In addition, the family's financial situation is relatively difficult now, so they still hope that the other party will give them some cash compensation. Mr. Zhang's wife filed a claim of 7,000 yuan. Mr. Bao, the store manager of
KTV, said that he will truthfully report to his superiors the actual difficulties of Mr. Zhang's family as soon as possible and try his best to get a satisfactory answer from the company.
Who will bear the responsibility after falling in a public place? This depends on the circumstances.The lawyer pointed out that even if warning signs have been posted in public places in advance, they may not be without responsibility. If there are safety hazards such as water stains, slipperyness, dim lights, and the warning signs are not enough to play a reasonable reminder role, the manager of the public place should also bear the corresponding responsibility; but if the customer is negligent, falls and falls, and has his own fault, he must also bear the corresponding responsibility.
Jiangsu Radio and Television Integrated Media News Center reporter/Li Ming Yan Bin Editor/Hu Chao
Editor: Wang Dan
