The elderly supermarket "Shun Cai" became ill after being investigated, and the claim of 160,000 yuan was dismissed
The court said that the judiciary does not support "who hurts is reasonable" and "who makes trouble is reasonable"
A few days ago, the People's Court of Zhuji City in Zhejiang informed a case that Lou Moumou, 65, went to a supermarket to shop, and "goes along" after checking out. After the supermarket found it, he talked to him. The elderly suddenly became ill during the conversation, and the family claimed nearly 160,000 yuan from the supermarket. The court held that the supermarket was not at fault and rejected all litigation requests from a certain party. A certain party in Lou refused to accept the appeal, and the Shaoxing Intermediate People's Court upheld the original judgment in the second instance.
On the morning of December 21, 2018, Lou Moumou went to a supermarket to shop. He was stopped by supermarket staff when he went out. Because the staff found that the old man's appearance was a little wrong, and the environmental protection bag in his hand was also a little wrong. Through inspection of the small ticket, it was found that the lotus root and onion in the environmental protection bag were not paid. The staff immediately reported the situation to the person in charge, who helped the old man into the office after he arrived.
Not long after entering the office, Lou Moumou suddenly felt dizzy, and later developed symptoms such as vomiting and urinary incontinence. The person in charge of the supermarket dials 110 for alarm and 120 for emergency. In the meantime, the staff of the supermarket implemented simple rescues such as massage, wiping, and open clothes ventilation.
After the public security police arrived at the scene, the supermarket staff carried Lou Moumou under the roadside tree. The supermarket staff put cardboard for Lou Moumou and waited for 120 ambulances to rescue. The police called the medical service of the hospital The personnel provided first aid to Lou Moumou until Lou Moumou was rescued by 120 ambulances. Diagnosed by the hospital, Lou Moumou had cerebral stem hemorrhage, respiratory failure, hypertension, sequelae of cerebral hemorrhage.
Subsequently, Lou Moumou transferred to a hospital in Hangzhou to continue treatment. During Lou Moumou's hospitalization, a supermarket worker sent Lou Moumou 2,000 yuan in cash. Lou Moumou failed to negotiate with a supermarket because of medical expenses and other losses. He then appealed to the court and demanded that the supermarket compensate RMB 159572.31 for various losses.
After trial, the Zhuji Court held that through the evidence submitted by a supermarket and the trial statements of both parties, it can prove that Lou Moumou has committed dishonesty in not paying for shopping. A supermarket, as a supermarket selling commodities, is for profit. When it finds that customers have dishonest behaviors such as unpaid products, it has the right to stop them, and take appropriate measures such as preliminary investigation, verbal criticism and education. According to Lou Moumou's self-report, surveillance video provided by a supermarket, and witness testimony, it also reflects that the supermarket staff and the Lou Moumou department are in normal communication, and there is no verbal or physical conflict. Therefore, the court held that the supermarket did not infringe Lou Moumou. behavior.
Lou Moumou has a history of hypertension, cerebrovascular accidents, etc. This episode was caused by mood swings after his own shopping was not paid for. After Lou Moumou got sick, a supermarket staff massaged, wiped, ventilated, and called 120 ambulances. In the process of waiting for 120 ambulances, in order to save treatment time, Lou Moumou was lifted to the roadside. Under the tree, and under the cardboard pad. In addition, the policeman who sent the police called the hospital to do first aid for Lou Moumou. Therefore, after a certain disease occurred in a supermarket, a supermarket had fulfilled its obligation of active rescue, so it was determined that there was no fault.
In summary, the Zhuji Court believed that Lou Moumou had unsuccessful shopping behavior, the fault was first, a supermarket did not infringe Lou Moumou, and after the illness occurred, proper disposal measures were taken, so Lou Mou requested the supermarket to compensate various items The loss of 159572.31 yuan is insufficient and should not be supported. According to Article 6, Paragraph 1 of the Tort Liability Law of the People's Republic of China, the judgement dismissed all of Lou Moumou's claims.
Lou Moumou refused to accept and appealed. After hearing, Shaoxing Intermediate Court rejected the appeal and upheld the original sentence.
In this case, the Zhuji court stated that Lou Moumou was arrested for failing to pay for two pieces of low-value vegetables while shopping in the supermarket, leading to sudden medical expenses for cardiovascular and cerebrovascular diseases. From this point of view, his situation is sympathetic . However, the court will not judge "who is reasonable" because of "who hurts" or "who is reasonable" because of "who makes trouble." Justice does not allow any law-abiding person to pay for the illegal acts or faults of others. Anyone who violates the laws and regulations, violates the core values of socialism, and the adverse consequences caused by his own fault can only be borne by himself. In contrast, law-abiding people will be protected by law and guarded by justice.
Our reporter Zou Deran