Since last year, many Hong Kong people went north to seek fun, TVB program "Looking East" 10** a Hong Kong woman went north to seek joy to do a spa fall case, the victim Arne went to a famous spa, fell during the clinic, so that the ligament tear needed surgery, but the other party was only willing to compensate half of the operation fee, the victim Arne bluntly said: "I didn't expect to go to these spa places, I feel that Hong Kong people go to completely insecure!" ”
Ah Ine, a Hong Kong woman in her 30s, recently went to a spa that is popular with social networks, starting at 500 yuan per person, which can be regarded as a high-cost project in Shenzhen. Arne has been to the spa twice in the past, and has always been safe, but the third time he went, an accident happened! Arne said that he was injured when he went to the toilet: "I walked in and turned a corner, and I fell down with a bang, and then I wanted to get up, but my shoes were so slippery, and I slammed my knee on this side, and my knee was bruised." It hurts, it hurts, I screamed, and when I stretched my head forward, I saw that the toilet water kept bursting out, and there was a lot of water on the ground. Then I yelled, 'There's a lot of water here,' and the big lady rushed in and helped me to the desk. Arne pointed out that the waiter planned to take medicine and wine for her at that time: "I'm in so much pain, I can't speak, you help me call the police, I want to see the manager." ”
The victim was forced to undergo surgery in the Mainland
Arne was then taken to a nearby hospital to pay 5,000 yuan for his stay, and at that time Arne wanted to return to Hong Kong**, but was dissuaded by the spa, Arne said: "They told me that if you return to Hong Kong, we will not pay you a dollar, because you fell in the mainland, and our insurance only covers the mainland." At that time, the original words said, 'We will take the responsibility; You shouldn't be burdened, you won't get a dime. Arne had no choice but to find his family and pay the hospital expenses first; However, during Arne's three-day stay, there were no staff members at the spa to visit or negotiate compensation. Later, Arne was diagnosed with a torn posterior ligament, and the doctor recommended surgery, which cost as much as 50,000 yuan. Arne pointed out in the hospital bed that day: "The most basic is 50,000 yuan, and there are a lot of ** expenses after that; They dragged my feet and asked me to pay for the money myself so I could have surgery first. ”
The victim pointed out that the agreement was unreasonable
The spa said that the case had been referred to the insurance company, but the insurance company replied that"Adults have full capacity to act, should have a corresponding duty of care for their own safety, and should also be responsible, and the proportion of responsibility for this accident site shall not exceed 50%. ”Arne refers to the spa to claim compensation 250,000 yuan, but asked her to sign a settlement agreement: "The agreement is completely unreasonable, write that I ran by myself and fell; After signing, it cannot be pursued in the future. Arne refused to sign the agreement, pointing out that she was undergoing surgery in the mainland at the time, and her family had lived in Shenzhen for more than 10 days: "They said they would pay for the room for seven days, thank you so much." ”
Arne had to pay 50,000 yuan in advance for the operation, and said that the ligament tear was serious, and after the operation, he had 20 stitches. He also said that until he was discharged from the hospital, no one visited the spa. After more than 10 days in the hospital, Arne finally returned to Hong Kong, but the entanglement with the spa made no progress. Arne choked up and said: "I regret it very much, I didn't expect to fall in the past, and I don't know if I will be lame when I walk in the future, so young like this, I still have children to take care of." ”
"Slide carefully" card position changes to Rashomon
Dong Zhang called Mr. Liao, the manager of the human resources department of the spa, and the other party said: "This is not our judgment, the insurance company should accept such a case, not one or two orders, there must be hundreds of orders, and the insurance company has also made relevant cases for reference." They judge that both parties are responsible, not the responsibility of one party, if we are minors, we may be more responsible, ** have self-protection responsibilities, obligations, and their own responsibilities, which is inevitable. It can't be without responsibility at all. ”
Arne pointed out that there was a "carefully sliding" card at that time, but next to the trash can, the other party took a ** afterwards, and saw the careful word card placed at the door of the toilet, Arne said: "It's simply dragged to the ground, so people are careful to talk." Mr. Liao of the spa said that he had never touched the "carefully slided" card: "It must be placed in a prominent position." "The incident led to Rashomon.
Arne intends to take legal action, and lawyer Su Minjie said that he should pay attention to whether the environment is messy: "If I accidentally slide a card on the day of the photograph, and the scene is so wet that I fall, then I must make a clear record, even if the shot is low." "If the situation was chaotic, you should also call the police or an ambulance to confirm that the incident happened on the same day. At the same time, it is also necessary to have receipts to prove the type of surgery that is performed, which is also very important for future civil claims.
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