安全保障义务
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在餐厅用餐时滑倒受伤,责任如何认定?
Ren Min Ri Bao· 2025-09-15 23:23
Group 1 - The case involves a restaurant's liability for a customer's injury due to a slip and fall incident, where the court ruled that the restaurant was 60% responsible for the damages incurred by the customer [1] - The court ordered the restaurant to pay over 120,000 yuan in total damages, which includes medical and nursing expenses for the injured customer [1] - The restaurant's failure to maintain a safe environment and promptly address hazards contributed to the incident, highlighting the importance of safety measures in the food service industry [2] Group 2 - According to the Civil Code, restaurant operators have a legal obligation to ensure customer safety, which includes maintaining proper building standards and addressing hazardous conditions like wet floors [2] - The court emphasized that the restaurant did not fulfill its safety obligations, leading to the customer's injury, thus reinforcing the need for compliance with both legal and industry safety standards [2] - The injured customer also bore some responsibility for her safety, as she is considered a fully capable adult, which reflects the shared responsibility in such incidents [2]
在餐厅用餐时滑倒受伤,责任如何认定?(新闻看法)
Ren Min Ri Bao· 2025-09-15 22:22
Core Viewpoint - The case highlights the responsibility of restaurant operators in ensuring customer safety and the legal implications of failing to meet safety obligations, resulting in shared liability for injuries sustained by customers [1][2]. Group 1: Incident Details - A woman named Wang fell and was injured while walking to her seat in a restaurant, leading to her hospitalization [1]. - The restaurant staff took approximately three minutes to clean the area where the incident occurred after Wang's fall [1]. Group 2: Court Ruling - The court determined that the restaurant was 60% responsible for Wang's injuries due to negligence in maintaining a safe environment, while Wang was deemed 40% responsible [1]. - The total compensation awarded to Wang for medical and care expenses amounted to over 120,000 yuan [1]. Group 3: Legal Obligations - According to Article 1198 of the Civil Code, restaurant operators are legally obligated to ensure customer safety, which includes maintaining proper facility standards and addressing hazardous conditions promptly [2]. - The court emphasized that the restaurant failed to eliminate safety hazards in a timely manner, violating both legal and industry standards [2]. Group 4: Responsibilities of Parties - Wang, as a fully capable individual, also had a duty to exercise caution regarding her own safety, thus sharing some responsibility for the incident [2].
28岁女律师不幸身亡,周某被执行死刑
Zhong Guo Xin Wen Wang· 2025-09-14 10:59
此前,"28岁女律师被高空扔下的砖头砸中身亡"一事曾引发广泛关注。近日,此案的民事部分由长春市朝阳区人 民法院开庭审理,未当庭宣判。原告要求被告(万达集团相关公司、夜市管理方等涉事5方)赔偿死亡赔偿金、丧 葬费、被抚养人生活费、精神损害慰问金等,共计200余万元。 庭审时,法院曾询问各方是否同意调解。9月12日,被害人的姐姐娄女士告诉记者,对于庭审结果尚无法预 期,"看法院怎么处理"。 家属曾称悲剧本可避免 据此前报道,2023年6月22日,28岁的小娄从外地来长春游玩,路过红旗街的夜市小吃街时,被高空投下的砖头砸 中头部,不幸去世。当晚,长春警方将22岁、无业的男性嫌疑人周某抓获,采取刑事强制措施。同年11月27日, 该案一审在长春市中级人民法院开庭审理。 庭审中,原告方认为案发地点长期存在安全隐患,广场楼顶和楼道内随意堆放砖块,且此前已有多起高空抛物伤 人事件。被告需更多积极履行安全保障义务,如物业管理者在天台安排人手巡视,巡视住宅内建筑垃圾是否及时 清除,以及活动经营者是否应在场地上空搭建临时性安全防护网等。原告方称,各被告均未妥善履行安全保障义 务,应当承担相应责任。 各被告方也分别进行了答辩和陈述。 ...
KTV房间内激光灯致消费者手机摄像头损坏 维修费谁来承担?
Ren Min Wang· 2025-08-22 00:52
Core Viewpoint - The court ruled that the KTV operator is 70% responsible for the damage to the consumer's phone camera due to insufficient warning about the risks associated with laser lights, while the consumer bears 30% of the responsibility for not paying attention to the warnings [1][2]. Group 1: Incident Details - The incident occurred when a consumer, Xiaomei, discovered purple spots on her phone's front camera after using it in a KTV room equipped with laser lights [1]. - The damage was confirmed to be caused by laser burns, as indicated by a repair shop's assessment [1][2]. - The KTV operator initially denied responsibility, claiming the laser lights were certified and that warnings were posted [2]. Group 2: Court Findings - The court found that the KTV did have laser lights installed, which could potentially damage cameras, even if not directly aimed at them [2]. - Evidence presented by the consumer, including consumption records and photo comparisons, established a strong likelihood that the damage occurred at the KTV [2]. - The court noted that the warnings provided by the KTV were not sufficiently prominent or frequent to effectively inform consumers of the risks [2]. Group 3: Liability and Compensation - The court determined that the KTV operator failed to adequately inform consumers about the risks associated with the laser lights, leading to their 70% liability [2]. - The consumer was found to have some responsibility for not heeding the warnings, resulting in her 30% liability [2]. - The total repair cost was assessed at 1198 yuan, with the KTV required to compensate the consumer 838.6 yuan [2].
钓友突发疾病死亡,同行者是否担责?
Ren Min Wang· 2025-06-11 08:18
Core Viewpoint - The court ruled that the defendants, who were fishing companions, did not commit any tortious act and should not bear compensation liability, dismissing all claims from the plaintiff [3][4]. Group 1: Incident Overview - The incident involved three individuals, Zhang Xiaowei, Peng Jun, and Liu Zheng, who went fishing together at Changshou Lake in Chongqing [2]. - Zhang Xiaowei experienced sudden health issues, leading to his death from a myocardial infarction, despite attempts by his companions to assist him [2][3]. Group 2: Court's Reasoning - The court determined that the fishing activity was spontaneous and informal, lacking any organized structure or management, thus the defendants were not considered organizers of the event [3]. - The court found that the companions fulfilled their reasonable duty of care, as the rapid onset of Zhang's condition exceeded what could be reasonably anticipated by the defendants [3]. Group 3: Legal Implications - The ruling emphasized that the mutual assistance obligations among friends in casual social activities should not be overextended, distinguishing them from formal public venues with defined safety responsibilities [4]. - The court highlighted that the defendants were not professional medical personnel and their actions were consistent with common sense and reasonable expectations in such situations [4].
未戴护具进游戏区受伤 经营者能否免责?(以案说法)
Ren Min Ri Bao· 2025-05-07 22:40
Group 1 - The case involves a fitness center that offers a shooting experience, where participants are required to wear safety equipment in the game area due to the inherent risks of the activities [1] - The court ruled that the fitness center is 70% responsible for the injuries sustained by the plaintiff, while the plaintiff is 30% responsible, and the minor involved bears no liability [1][2] - The court emphasized that the fitness center, as an operator of a potentially dangerous activity, has a duty to ensure participant safety and failed to adequately supervise the environment during the game [1][2] Group 2 - The court noted that the plaintiff, being a fully capable adult, did not take necessary safety precautions despite being warned about the risks, thus sharing some responsibility for the incident [2] - The court determined that the minor, under the supervision of a coach and within the designated area, did not act negligently, and therefore should not be held liable for the incident [2] - The ruling highlighted the importance of operators providing a safe environment, conducting regular safety checks, and ensuring proper monitoring during activities to prevent accidents [2]