The 80-year-old woman who took the elevator fell into a fracture and the supermarket was sentenced to 40% of the blame
An old lady who was over 80 years old was shopping in a supermarket in Xichong County, Sichuan. She accidentally fell and was injured while picking up something in an elevator. After judicial identification, her right hip joint function was lost more than 50%, and she was rated as Grade 9. Disability.
After the incident, the old man took the supermarket to court because he had not reached an agreement on compensation issues with the supermarket involved.
On September 12, the reporter was informed that the People’s Court of Xichong County made a first-instance verdict on this case recently. The supermarket is a commercial public place and is the user and manager of elevators. When the accident happened, there was no broadcast audio to play "Be careful." The operation of unattended diversion and safety hazards caused the supermarket to take 40% of the responsibility and compensate the elderly with 44,900 yuan.
■ Event review
Mrs. Pu is 85 years old this year, from Xichong County, Nanchong City.
The fall happened on the morning of October 2, 2020.
In the morning, Mrs. Pu went to a supermarket in the county town for shopping, bought a barrel of cooking oil in the supermarket at 9:14 and took the elevator downstairs.
At that time, she took the oil with one hand and left the elevator handrail with the other. She accidentally fell while picking up the purchased items, and her body slipped down to the elevator entrance and was injured.
■ Both parties defend
Because she did not reach an agreement with the supermarket on compensation, Mrs. Pu sued the supermarket to the Xichong County People's Court, claiming a total of 130,000 yuan for medical expenses, nursing expenses, and disability compensation.
Mrs. Pu complained that because the elevator entrance of the supermarket involved did not set up warning signs to pay attention to safety, there was no way to remind passengers to take the elevator, and there was no special person on duty. No relevant staff came to help, resulting in injuries and disability."
In this regard, the supermarket involved stated that according to the “lease contract” signed by the supermarket, the area occupied by the elevator does not belong to the supermarket lease. In addition, Mrs. Pu said in the complaint that she accidentally fell, indicating that she was careless and negligent. If you fall carelessly, and you have not fulfilled your duty of safety precaution, you should take full responsibility for yourself.
The supermarket involved also stated that according to the surveillance video on the day, when Mrs. Pu fell, the elevator was in normal operation, and there was a recurring voice prompt in the supermarket: "Hello, dear customers, please pull the handrails and pay attention to your feet. Safety." In addition, there are warning signs "Pay attention to safety" in many places such as escalators and walls.
On the same day, Mrs. Pu released the handrails on the elevator to lift oil. She did not perform her reasonable duty of care and was at a big fault.
The supermarket in question believed that after Mrs. Pu fell on the same day, her companions failed to properly support her, and therefore Mrs. Pu should bear all civil liabilities.
A few days ago, the People's Court of Xichong County made a first-instance judgment in this case and sentenced the supermarket involved to compensate Mrs. Pu for 44,900 yuan.
Court interpretation
The old lady fell while riding on oil, she should bear the main responsibility
No broadcast voice prompts, the supermarket is responsible for 40%
The People’s Court of Xichong County held that the elevator is a supporting public facility operated by the supermarket. The supermarket is the user and manager of the elevator. Failure to pay sufficient attention to safety when riding in the elevator, one hand took the oil, and the other hand left the handrail, causing an accident, and he should bear the main responsibility.
However, as a commercial public place, a supermarket is an elevator user and manager. In daily management, although there is a broadcast audio playing "Be careful about safety", there is "Attention, please hold the handrails to supervise children" under the elevator handrails. However, when the accident occurred, there was no broadcast audio to play "Be careful about safety", and the elevators were unattended and unattended. There were potential safety hazards. The managers did not fulfill their security obligations within a reasonable limit, and the court sentenced the supermarket to 40% of the compensation liability.
Chengdu Commercial Daily-Red Star News reporter Wang Chao