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Children's escalator retrograde injury, parents claim 36000! Court: the guardian to bear full responsibility!

2024-05-14

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Children's escalator retrograde injury, parents claim 36000! Court: the guardian to bear full responsibility!

The six-year-old child went shopping with his mother. When the child took the escalator to the second floor alone, he suddenly went backwards and got injured when his left heel got stuck on the edge of the elevator. His mother believed that the shopping mall and the escalator management company had not fulfilled their safety protection obligations, so she sued the court and demanded that the shopping mall and the escalator management company bear tort liability. Recently, the People's Court of Lingling District, Yongzhou City, Hunan Province heard this dispute over liability for violation of security obligations and ruled to reject the plaintiff Gao's claim.

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On June 26, 2022, Gao followed his mother to the mall. When he was riding the escalator alone to the second floor, he suddenly went backwards and his left heel accidentally stuck into the edge of the elevator, causing injury. After Gao was injured, he was sent to the hospital for 14 days. The injury was identified by the judicial appraisal institute and assessed as not constituting disability.

The shopping mall involved in the case leased the store of a real estate development co., ltd in Yongzhou city on December 27, 2017 to operate the supermarket. the company provided the escalator to the shopping mall free of charge. Reminder signs and pictures were posted at the entrance and eye-catching places of the elevator: "Please stand firm carefully", "Please take care of your child" and other tips. When the accident occurred, the elevator was in normal operation and did not fail.

After the accident, the two sides failed to reach an agreement on compensation, so Gao sued the court and asked the defendant to compensate 35913.82 yuan for various losses.

After hearing, the court held that the focus of the case was whether the mall had fulfilled its security obligations. The shopping mall has posted reminders and pictures at the entrance and eye-catching places of the elevator, and the pictures on the wall beside the escalator also remind customers who take children on the escalator. After the accident, the staff of the shopping mall also sent Gao to the hospital for treatment in time, so the defendant fulfilled his safety guarantee obligation. Gao is only six years old and has no capacity for civil conduct. His mother takes him to a public place. The guardian should protect Gao's personal safety. However, his mother fails to fulfill her duty of care and allows Gao to take the escalator alone and walk up and down, causing an accident. The accident was caused by Gao's mother's poor guardianship. The court then ruled to dismiss the plaintiff's claim.

After the first instance was pronounced, Gao refused to accept the verdict and filed an appeal.

After the trial, the Yongzhou Intermediate People's Court held that the facts found in the first instance were clear and the applicable law was correct. The judgment rejected the appeal and upheld the original judgment.

The judge reminded

Parents, as guardians of minor children, have the duty to bring up, educate and protect them. In recent years, due to the negligence of guardians and ineffective guardianship of minor children, child casualties have occurred from time to time. This case is also a case in which a child was injured due to the negligence of the guardian. The judge reminded that parents should pay attention to their duty of care when children go out to play, and also pay attention to safety education for children, guide children to establish safety awareness, develop correct behavior habits, and prevent dangerous accidents.

Source: Network

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