Zhang bought an air conditioner in a shopping mall. Because he was not satisfied with the installation method, he went to the mall to request a return, and had a conflict with the shopping guide Li. During the conflict, Li's husband Chen stabbed Zhang, and Zhang died after rescue failed. Zhang's parents, wife and others sued Chen and the mall to the People's Court of Dongying Economic and Technological Development Zone. The court made a judgment, ruling that Chen would compensate Zhang's parents and others for various losses of 640,000 yuan and the mall would compensate 48,000 yuan.
appealed against the first instance judgment, Zhang's parents and others and the mall were dissatisfied with it. Recently, the Dongying Intermediate People's Court made a final judgment, ruling that Chen would compensate Zhang's parents and others for various losses of 640,000 yuan, and the mall would bear the supplementary compensation liability within the range of 48,000 yuan.
Dongying Economic and Technological Development Zone People's Court found out after trial that on April 4, 2017, after Zhang went to a shopping mall to purchase an air conditioner, he had a conflict with the seller due to installation problems and asked for a return of the product. The mall staff wrote it on the retail voucher, but the customer did not agree to drill holes and returned the product. On April 13, 2017, Zhang went to the mall again to coordinate the return issue and had an argument with the shopping guide Li. At around 18 o'clock that day, when Zhang went to the mall to complain and deal with the return issue, the shopping guide Li told her husband Chen the phone number. Chen rushed to the mall and had a dispute with Zhang. During the dispute, Chen stabbed Zhang with a fruit knife, and Zhang died after failed rescue.
Dongying Economic and Technological Development Zone People's Court and Dongying Intermediate People's Court made the above judgment.
Judge reminds: The Tort Liability Law stipulates that if the act of a third party causes damage to others, the third party shall bear the tort liability; if the manager or organizer fails to fulfill his security obligations, he shall bear the corresponding supplementary liability . As the operator and manager of public places, shopping malls should correctly educate their employees, do business in a civilized manner, and handle disputes with customers rationally and peacefully. At the same time, they should be equipped with necessary security forces to strengthen security in public places to ensure that emergencies can be dealt with in a timely and effective manner. Otherwise, they must bear corresponding responsibilities.
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