"The moment I looked down, my teeth fell out as well, and I looked at ...... many times”
Recently, a woman in Zhejiang said on the ** platform: Her two front teeth were broken!
*Display: The heroine entered a business on the street, and her face hit the glass of the store directly, and the collision sound was quite loud!The woman bent down and covered her face, looking at the situation, the impact was not small.
The woman said, "Your transparent glass is not affixed with anti-collision signs, and I am responsible for hitting it by mistake while walking, and I am really not slandering you, or I am not convinced." ”
Orange Persimmon Interactive noticed that according to the surveillance**, the incident happened at around five o'clock in the evening on December 20.
After the incident, the salesperson of the store revealed the situation at the time: the woman hit the window of the store.
She is far away from our store, and we have a small aisle in that direction, and the window is specially separated from the wall to hang clothes.
The location where she hit was our wall, ** I could see that she was about to hit and looked at the door, and she was not highly myopic.
I asked her and she said it was only slight. I asked her how she could have crashed into it, and she said she thought it was the doorway.
She waited for my boss for more than an hour and a half, during which I told her several times: either go to the hospital first to see how it is and whether she can get it back.
When the proprietress came back, she said she was responsible, and broke two teeth in our shop. called the police, and the police were speechless after reading the complete **, so that if she really wanted to pursue it, she would go through ......the legal process”
In response to the clerk's statement, the woman retorted, "When you came back, you saw me sitting there, ignoring me, and there was no word of comfort."
If I hit my head in a big bag, I would have walked away, but I broke two teeth, I must ask, you said that you knocked it off yourself, what does it matter to us, and you said that it was good that the glass was not broken. ”
The clerk said, "I saw that you bumped, and I have been very careful to talk to you ......."My boss lady said that you wanted to be private at the beginning, and she wanted to take full responsibility, but she didn't agree and called the police. Everything is watched. ”
After this incident spread, it sparked heated discussions on the Internet, and netizens shared their painful experience of hitting the glass
I'm a little scared!In my house, the door is usually open, and the air conditioning door is closed. Someone often bumps into ...... with a bang”
I was angry to find the paper to paste it first, and I wanted to go to the balcony to see if there was any, but my lips were broken again, and I was trembling with anger. ”
I went to the store to get milk tea, and their store was so clean that I saw the order hit it directly!Knocked my apple watch screen straight into the air. ”
Orange Persimmon Interactive found that similar incidents of accidentally hitting the glass have happened a lot!
On November 27, 2019, on the first floor of a building on Jiangling Road, Hangzhou, a girl ran fast and didn't see the door clearly, but her head hit the glass directly, and the whole tempered glass was broken.
Judging from the surveillance, the incident happened at 6:54 in the morning, Xiao Ye suddenly ran over from outside, hit the glass headlong, the whole glass shattered instantly, Xiao Ye fell to the ground for a while, and then touched his forehead and slowly stood up ......
On the afternoon of September 28, 2020, the first floor of Ms. Chen's unit in Hangzhou was replaced with new glass. She walked fast and ran head-on. The bridge of his nose, his mouth, and his entire face were pressed against the glass door, and tears came out of his eyes, and blood flowed from his mouth.
Go to the hospital for an examination: one front tooth is loose, diagnosed as tooth**, three teeth need to be bandaged, and try to eat soft food for at least three months.
Netizens discussed who should be responsible.
If you don't go to the door, you have to go to the wall!”
But anyone who is normal and has no problem with his eyes can tell the difference between a display window and a door. ”
However, some netizens believe that "then a large piece of glass should be labeled, and the store has the responsibility to ensure the safety of customers Floor-to-ceiling windows without signs will also cause hidden dangers." ”
Originally, the transparent glass was going to be pasted, but the façade I rented by myself was not pasted at first, and I hit it several times, and once I burst out of tears. Later, I bought 2 arrows and pasted them on the glass, but I never hit them again, and the merchant is still responsible. ”
Whether it is a door or a window or anything, as long as there is a large area of glass, it will make people mistakenly think that it is a door or a passage, and there is no anti-collision warning strip to remind others, once something happens, the business is responsible. ”
Watch out for the glass!This is also a detailed service for merchants. ”
Lawyer's point of view: Shen Shumin, a lawyer from Zhejiang Zeda Law Firm, pointed out——
Article 1198 of the Civil Code stipulates that if the operator or manager of a hotel, shopping mall, bank, station, airport, stadium, entertainment venue or other business premises or public place, or the organizer of a mass event, fails to fulfill the obligation of safety and security and causes damage to others, he shall bear tort liability.
In addition, Article 48 of the Consumer Rights and Interests Protection also stipulates that if a business operator fails to fulfill its obligation to ensure the safety of consumers, causing damage to consumers, it shall bear tort liability.
From the above-mentioned legal provisions, it can be seen that the operator, manager or organizer has the obligation to ensure the safety of consumers, that is, the key to judging whether the operator or manager (the store in this case) is liable lies in whether they have fulfilled the corresponding safety and security obligations.
Lawyer Shen Shumin believes that: in combination with this ** and related **, the store is located on the street, and the glass window is fully transparent, and there are no eye-catching patterns or words and other reminder signs.
* The position where the woman hit is very easy for people to misjudge that there is no obstacle, and there is a large safety hazard.
Therefore, as the operator and manager of the store, the store obviously failed to fulfill its safety and security obligations within a reasonable limit, and should bear certain responsibility for the occurrence of the accident.
On the other hand, as a person with full capacity for civil conduct, a woman should have the necessary duty of care for her own safety, and should be a little cautious to ensure her own safety.
However, the woman did not notice the glass door next to her, and negligently hit the glass window directly, so she should also bear some responsibility for the occurrence of her own damage.
If the two parties cannot reach an agreement, it is recommended that the woman keep the relevant expenditure receipts such as medical expenses, so that she can protect her legitimate rights and interests through judicial channels in the future.
Lawyer Shen reminds that many hotels, shopping malls and shops now like to use fully transparent glass doors or glass windows, although these glass doors or glass windows are beautiful, but there are many potential safety hazards.
Merchants should post eye-catching safety warning signs on glass doors and glass windows or set up items nearby to effectively isolate them to avoid similar disputes.
At the same time, consumers should also exercise a general duty of care when walking with caution and observe carefully when entering the premises to avoid injury.
Similar to the precedent of a dispute involving striking glass——
In December 2015, 79-year-old Uncle Yu in Nanjing went to the bank and hit the glass door, bleeding on the spot, and received 4 stitches under the corner of his right eye.
The local consumer association believes that the "Consumer Rights and Interests Protection**" clearly stipulates that consumers have the right to safety and security in the business premises, and finally the bank agreed to pay Yu Uncle 3,000 yuan.
In May 2018, a 10-year-old boy in Nanjing went to a restaurant with his mother to eat when he hit his head against a glass door and received 10 stitches on his head.
The local consumer association and lawyers agreed that in order to ensure the safety of consumers, according to relevant laws and regulations, restaurants have the responsibility to set up obvious warning or reminder signs for glass walls, and should bear the main responsibility for accidents.
In August 2017, Xiao Ming, a 10-year-old boy in Nanning, was injured when he ran fast on his way home from school and crashed into a frameless and transparent glass door of a street business. The person in charge of the business believes that the reason for hitting the door is that Xiao Ming does not pay attention to safety and runs too fast, and he should not bear any responsibility.
The court held that due to the particularity of fully transparent glass being colorless and difficult to identify, businesses, as owners, managers and users, should take the initiative to fulfill their safety warning obligations.
However, the merchant did not post eye-catching safety warning signs or other patterns or signs that can play a warning role on the glass door, and set up items near the glass door to effectively isolate them, so there was serious fault for the occurrence of the incident.
The court also held that Xiao Ming's fast running state at the time of the incident increased the risk of accidentally hitting the glass door, and there was also a certain degree of fault.
The court finally found that the merchant should bear 60% of the liability and compensate Xiao Ming for part of the losses caused by his injuries.
*: Orange Persimmon Interactive.