Zhou Xiangen

Taizhou Jinjiang Department Store is a large retail mall in our city. The third floor of the mall has the "Atlantic Naughty City", which is a paradise for children to play. On May 27, 2001, Li, who lived in Jiaojiang and was under ten years old, was playing the "Ocean Ball" project at the "Atlantic Naughty City" when he fell and broke his right thigh due to jumping and standing unsteadily. At that time, relevant personnel from Jinjiang Department Store accompanied Li's parents to send the child to Taizhou Traditional Chinese Medicine Hospital; During the process of treating the child, both parties had different opinions on the responsibility for the child's injury, and could not reach a consensus on compensation for losses. As the legal guardian, Li's parents pushed Jinjiang Department Store to the defendant's seat.

Who is the fault of the "Naughty City" who broke his leg

In a lawsuit submitted to the court, Li claimed that on May 27, 2001, accompanied by his parents, Li went to the "Atlantic Naughty City" of Jinjiang Department Store to play. After paying a ticket fee of ten yuan, Li entered the naughty city alone. Shortly after, while playing the "Ocean Ball" project, Li fell to the ground unstable and suffered a right femoral fracture. That night, he was sent to Taizhou Traditional Chinese Medicine Hospital for treatment. Li believes that the service contract established between the two parties is legal and valid, and Jinjiang Department Store should provide thoughtful, attentive, and complete services to minors as a specific target. Due to Jinjiang Department Store's failure to fulfill the above obligations, it has constituted infringement against Li, and therefore requires Jinjiang Department Store to pay more than 40000 yuan in economic losses such as medical expenses, transportation expenses, continuation fees, and mental damage compensation. Jinjiang Department Store has entrusted Zhejiang Liqun Law Firm, Lawyer Zhou Xiangen, to appear in court to defend against Li's claim. Jinjiang Department Store believes that Li's injury is not solely the responsibility of Jinjiang Department Store, and Li himself is also at fault. Jinjiang Department Store believes that: 1. The "Atlantic Naughty City Ocean Ball Project" service provided by Jinjiang Department Store to Li does not have any flaws in its service; 2. Li suffered a fracture in his right thigh, which was caused by Li's violation of the "No Jumping" ban mark while playing the ocean ball event. It was due to his unstable standing during his jumping behavior when entering the ocean ball; 3. According to the regulations of the Atlantic Naughty City Notice, people under the age of fifteen entering the "Atlantic Naughty City" should be accompanied by their parents. When Li was playing the ocean ball project, his parents did not accompany him; Therefore, Li was also at fault in this case.

The court trial was full of twists and turns, and Li appeared in court to confess his injuries

On the morning of June 27th, 2001, the People's Court of Jiaojiang District publicly heard the case of Li v. Jinjiang Department Store for damages. Li's agent and legal guardian still insisted on seeing each other during the trial, believing that Li was injured, and Jinjiang Department Store should bear all the fault responsibility and increase the litigation claim from the original amount of over 40000 yuan to over 60000 yuan; The lawyer representing Jinjiang Department Store believes that in this case, Li was injured and Li also had some fault; Both sides engaged in a heated debate on the issue of fault liability. The court, in order to investigate the fact of Li's injury, requested that Li appear in court to state the cause of the injury. The judge asked: Do you know the words' jump bed ',' ocean ball ', and' no jumping '? Li: Nodding indicates recognition. The judge asked: How did you get injured? Li: It was done by jumping down and pretending, it was done during the third jump. Li's appearance in court statement proves that the injury claimed by Jinjiang Department Store in this case was not caused by the "Ocean Ball" service project itself, but by Li's violation of the ban and marking of jumping behavior.

After the first trial, the judge organized a mediation between the two parties, but the mediation was unsuccessful due to Li's agent and his parents demanding that Jinjiang Department Store take full responsibility.

During this period, the acting lawyer of Jinjiang Department Store had multiple phone calls with the handling judge, hoping that the case would be resolved through mediation. The acting lawyer of Jinjiang Department Store believed that the mediation of the case would be beneficial for both parties, and Jinjiang Department Store believed that Li was also responsible for the injury in the case. This viewpoint was recognized by the court officials. During the judge's coordination process, Li's side published an article in the Taizhou Business Daily titled "A mischievous city broke his leg, and a ten year old boy pushed Jinjiang Department Store to the defendant's seat." In the article, in addition to insisting on his own view of the trial, he also accused Jinjiang Department Store of replacing the Atlantic mischievous city notice and not assuming responsibility for this case, which caused the already formed atmosphere of reconciliation between the two sides to be destroyed by a report by Li's family that provided false news materials.

Li was injured and the court held a second hearing, with the assistance of a lawyer for successful mediation

On the afternoon of April 27, 2002, the court organized a second trial for both parties after Li was injured. During the second trial, Li increased the compensation amount to over 80000 yuan, and there was no change in the views of both parties during the trial; After the trial ended, the presiding judge organized another mediation between the two parties. During the mediation, the lawyer representing Jinjiang Department Store exchanged opinions with the presiding judge, believing that the case should not be treated as compensation, but rather as compensation. At the same time, the lawyer representing Jinjiang Department Store also exchanged opinions with Li's parents, pointing out that Li's injury was caused by Li's own jumping behavior. Jinjiang Huobai was not at fault in terms of service, and the losses caused were compensated appropriately by Jinjiang Department Store based on the principle of fairness and reasonableness. If you insist on seeing already, the court will make a judgment. If the mediation is successful, the lawyer representing Li can do the party's work and pay the compensation fee in a lump sum. After being presided over by the handling judge and mediated by the lawyer, both parties agreed to reach a settlement. Jinjiang Department Store will compensate Li with a one-time compensation of 48000 yuan in medical expenses, disability subsidies, and continuation fees. Li will withdraw the lawsuit from the court after receiving the payment.

Recently, Li received compensation from Jinjiang Department Store, and the court also made a decision to withdraw the lawsuit. With the assistance of a lawyer, a dispute that should not have happened was resolved completely.