Weifang TV station news, on May 15th, a boy in Chongqing accidentally hit a glass wall with a basketball
On May 15th, in a shopping mall in Chongqing, there was an endless stream of customers, and everyone was shopping for merchandise. At this moment, in front of a counter in the shopping mall, suddenly, there was a crisp sound like a large piece of glass breaking instantly, along with this sound, there were several screams. The worker at the counter then saw that a glass wall suddenly collapsed, and a young boy was hit by a man, fell between the broken glass, and suddenly howled.
Although some adults saw the glass falling and rushed over to rescue them, it was still too late. The boy was injured and was subsequently sent to a doctor for treatment. Later, in the process of investigating the cause of the accident, the monitoring of the mall was called to restore the course of the accident.
It is reported that before the accident, the boy was holding a basketball in front of a nearby counter. He kept playing and his family did not pay attention to the child. After the boy got the basketball, he smashed it hard against the glass wall. Unexpectedly, a few seconds later, the glass wall collapsed and the boy was hit by it. The injured are still receiving treatment in the hospital, and the incident is still under further investigation.
After looking at it, the video showed that after a basketball bounced onto the glass wall, after a short delay, it began to be suppressed as a whole. There are not many known factors, so let’s analyze this matter from a legal point of view. This kind of thing is a point: who is responsible for the injury of the child when the glass is pressed down. the mall? Store? Parents of children? child? This thing seems to be a multi-cause and one-effect behavior. The basketball hits the glass, and the glass is delayed and then pressed down. The first is to evaluate the behavior of the child, and the second is to evaluate the scope of responsibility of the store. The behavior of children playing basketball in the video is not the same as the behavior of bear kids riding cars in the past. The behavior of glass falling occurs in the area of merchants, and the basketball hitting the glass is not fully responsible. The second is the scope of the store’s safety guarantee obligations. Article 1198. The operators and managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business places, public places, or mass activities. The organizer shall bear tort liability if he fails to fulfill his safety guarantee duties and causes damages to others. If the glass of the bathroom sauna room is broken for no reason, the bathroom will definitely take responsibility. But this is a store, so we need to analyze specific issues in detail. But there are three points in this case: 1, the safety of the glass wall, 2, whether there are warnings on the glass, 3, whether the clerk is obligated to persuade the child’s behavior, if you think about it, there are still many requirements for the business. However, how this case will be handled will still be subject to the judge’s ruling after ascertaining the facts of the whole case.