At around 3 o'clock in the afternoon, Ms. Liu from Inner Mongolia fell down in the process of ** step after withdrawing money from the ATM machine in the bank's self-service business hall, causing a comminuted fracture of her right leg, and she has not recovered from it in the hospital four times.
Ms. Liu believes that banks, as platforms that provide open financial services to the public, should provide the public with safe financial services venues and environments. It snowed that day, and the bank did not take effective security measures, resulting in an accident that caused the accident to be infringed. As a result, Ms. Liu filed a lawsuit, demanding compensation from the bank for medical expenses, lost work expenses, nursing expenses, hospital meal subsidies and other expenses.
The bank held that Ms Lau's injuries were caused by a fall in the snow and were an accident. There is no evidence to prove that Ms. Liu went to the bank's business branch to handle business when she was injured, and the place where she fell was not in the bank's business premises, but on the steps outside the door. Therefore, the bank is not liable for any compensation.
The court held that: 1. As a citizen, Ms. Liu enjoys the right to life and health and is protected by law.
2. Although the steps at the entrance of the bank are not in the business hall, they are also public places under its management, and the bank has the obligation to protect the personal and property safety of others, that is, it must take certain actions to protect the personal or property of others from infringement.
Although the bank put some pieces of paper on the steps at the door at that time, it did not make warning signs or take other safety measures, and failed to fulfill its safety and security obligations to prevent others from being infringed, resulting in Ms. Liu's injuries caused by the slippery ground of the steps at the door, which constituted an infringement and should be compensated within the scope of the security obligations, that is, bear 30% of the liability.
3. As a person with full capacity for civil conduct, Ms. Liu has the ability to protect herself for her personal safety, and should have been aware of the possibility of falling on the slippery steps on snowy days. Under the circumstances at that time, Ms. Liu made a wrong judgment and was at fault, so she should bear 70% responsibility for her fall injury.
In the end, the court made a judgment based on the above-mentioned liability ratio, allowing the bank to bear 30% of Ms. Liu's damages.
Through this case, the lawyer wants to tell you two things:
1. The road is slippery on snowy days, everyone is the first person responsible for their personal safety, and they must pay attention to safety when going out, and beware of slipping and injury. Especially if there are elderly people at home, you must pay attention to avoid falling accidents.
2. As the operators and managers of public places, they should clean the road in a timely manner, set up warning signs, take necessary safety protection measures, fulfill their own safety protection obligations, and avoid legal responsibility due to injury accidents.
Guidance on Legal Provisions: Article 1198 of the Civil Code: Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business venues or public places, or organizers of mass activities, shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.
Reference case: Wuyuan County People's Court of Inner Mongolia Autonomous Region.
2015) Wu Min Chu Zi No. 3268 Civil Judgment.