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Siping newspaper (Reporter & nbsp; & nbsp; Fan Liang) & nbsp; & nbsp; woman said, slipping injured in the banking hall; Bank said, there is no matter, but refused to provide the day's surveillance video. Lawsuit went to court, the bank was sentenced to compensation.
Slipped and injured sued the bank lobby claims
Gongzhuling public appeal,http://www.h2so4.cn/home.php?mod=space&uid=65169, said Wang, March 18, 2010 in the morning, she went to a bank branch in Gongzhuling for themselves and their families to pay social security contributions. On a table in the hall to take a pen when writing code, at the foot suddenly slipped one leg kneel on the ground. She looked down, turned out to be stepped on the ice was brought in.
Wang said she felt leg badly. At this time, a colleague came over and asked her how the surname Wang, she was afraid of my colleagues joke, said: "Nothing, fell a bit slippery." She reluctantly in the window to complete the formalities,air max 90, a taxi to the hospital. After a medical examination, her patella fracture, hospitalization for surgery.
Wang said afterwards, she went to the bank to seek explanation, but banks do not recognize the existence of matter. Helpless, she sued the bank to the other party did not do to security obligations,http://bbs.trcqu.com/forum.php?mod=viewthread&tid=1739036, resulting in personal injury suffered themselves, ask for payment of their medical expenses 5085.50 yuan, the second surgery costs 4,000 yuan, lost income 7508.70 yuan, 5,350 yuan care,http://chelaiw.com/wiki/home.php?mod=space&uid=33465, ,hogan outlet online, transportation costs 135 yuan, 250 yuan food subsidies, these payments necessary to 1,500 yuan,doudoune moncler, and ask to bear all legal costs. & Nbsp;
The respondent refused to show the day of surveillance video
Gongzhuling City Court during the trial, the bank suggested that Wang is no factual basis for the complaint, but her side of the story, there is no direct evidence to prove its authenticity. Bank said the same day, in the hall did not find someone fall or other abnormal conditions occur. Wang at 10:50 in the bank until the end of business 11:36 assigned to hospital, during which no one knows what happens; Suppose Wang was injured in a fall in the banking, its primary responsibility for himself, on the grounds is slip in the snow where is everyone's inevitable psychological, but also due vigilance, Wang fell to its own misconduct has a direct relationship, so it should bear the primary responsibility. The bank in a prominent position placed the business lobby that read, "Beware of slippery, prevent falls," the warning signs,louboutin pas cher,http://geling123.com/home.php?mod=space&uid=6794, has been doing to prompt businesses should not bear the responsibility; banks and property companies signed a service contract, the property company The bank is responsible for cleaning work, such as Wang, the hall is really a snow fall and because the ground is not clear result, this result is to work on the behavior of the property caused by the staff, property companies and therefore should bear all the consequences.
Property company argued that cleaning staff are always cleaning,http://zhouyiyudaode.com/forum.php?mod=viewthread&tid=4655&extra=, March 18 no snow, snow bank outside the hall and kept clean. Wang is no evidence of a fall in the bank lobby,http://wangdonxiu.com/news/html/?12590.html, so they do not agree to assume Wang's economic losses.
Important evidence in the case should monitor the video, but the bank has refused to show the surveillance video, and did not put forward a legitimate reason.
Bank judgment to bear 90% of liability
The Court held that "a number of provisions of the civil evidence" Article 75 states: "There is evidence that the party holding the evidence without good reason refuses to provide, if the other party claims that evidence is not evidence against holders can be presumed that advocated the establishment. "Since the day of its banks to hold business lobby all day and refused to provide video information, and the contents of the evidence is not evidence against the holders, therefore,http://lfkbio.com/home.php?mod=space&uid=13738, Wang day fall in the banking hall injury claims presumption established.
Due to safety and security obligations Bank entirely within reasonable limits so that Wang suffered personal injury, should therefore bear the primary liability Wang injured. Wang entirely duty of care in the process of self-injury should bear secondary responsibility. Although the property company has an agreement with the bank,http://hy723.com/news/html/?958.html, but under the law, which should bear the liability. Banks can claim their rights separately.
Wang reasonable economic losses for the medical expenses 4505.5 yuan, nursing 277.2 yuan, 250 yuan food supplement food costs,doudoune moncler pas cher, lost income 1694.35 yuan, transportation costs 10 yuan, totaling 6737.05. The plaintiff requested these payments because there is no clear medical advice, the court not support it. Further secondary surgery because their requests did not provide evidence to the court, may be separately told after the occurrence.
Court, the bank paid Wang 6737.05 yuan economic losses of 90% that is 6063.35 yuan, Wang bear the loss of 10%, or 673.70 yuan.
Banks refused to accept the judgment of first instance, appeal to the Siping City Intermediate People's Court.
Siping City Intermediate People's Court, after hearing that the trial finds that the facts are clearly identified, using the law correctly. Bank of the grounds of appeal can not be established, rejected his appeal and upheld the original verdict. SourcePh "& gt;
(Edit: SN009) |
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發表於 2015-11-27 08:56:42
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