Sudden death of the elderly returns to the mall willing to pay 150 thousand family members to adhere to the appeal

category:Global
 Sudden death of the elderly returns to the mall willing to pay 150 thousand family members to adhere to the appeal


Family claim for sudden death of the old mans shopping mall The first instance did not recognize the infringement, but the defendant was willing to compensate 150 thousand yuan. Due to the quality problems of the toys purchased, Tsai Mou, a sixty year old man, was in the process of negotiating with the mall. It was considered that sales personnel were abusive and did not rescue in time, which led to the death of CAI, and his family sent the Xidan shopping center to court for compensation of more than 52 yuan. The first instance found that the shopping malls did not constitute infringement, but the court did not object to the 150 thousand yuan voluntary compensation from the shopping malls. After the decision, the family lodged an appeal. On the morning of April 25th, the second instance was heard in the second middle court of Beijing. At 7 oclock in the evening of August 28th, CAI and his grandson went to the toy counter of Xidan shopping mall to negotiate with salesmen. After being told that it could not be repaired, CAI was more emotional and had a verbal conflict with the sales staff. After the manager came to the scene, he decided to change the toy speedboat again. At this time, Cai suddenly fell to the ground and lost his consciousness. CAI was not effective at the hospital and died in the evening. According to Tsais wife, when they were looking for counter sales staff in the evening, they had a very bad attitude. They did not want to return and abused CAI. They were emotionally excited and heart discomfort. After the incident, the mall employees did not take emergency measures, and no one helped. After nearly half an hour later, the first aid phone was called, which saved Cai from death. To this end, the family claims medical expenses, death compensation and spiritual solatium totaling 52 million yuan. In the first instance, the Xidan mall argued that the accident caused by his own disease or defect was not causally related to the service behavior of the mall. The shopping mall had done the duty of the service place and should not be liable for compensation. However, based on humanitarian considerations, the defendant agreed to compensate the plaintiff for 150 thousand yuan. 150 thousand yuan compensation for the plaintiff to adhere to the appeal The first instance court held that the plaintiff thought the defendants attitude was extremely bad and abused Cai, causing Chua feeling excited and heart discomfort to fall out of the disease, but failed to provide the evidence. The relevant witnesses proved that CAI was excited when the incident happened, while the toy salesmen did not abuse the basic fact of CAI. The defendants practice is not inappropriate for Cais implementation of first aid measures, which is consistent with the general social value judgment recognized by the staff. The court agreed against the plaintiffs compensation of 150 thousand yuan against the plaintiff based on humanitarian considerations. Accordingly, the defendant decided to compensate the plaintiff for 150 thousand yuan. After the first instance decision, the family members appealed that the amount of compensation was relatively low, and the original judgment was requested to be revoked, and the corresponding compensation was changed to the shopping mall. Family members believe that there is a fault in the shopping mall and staff attitude is bad. In addition, after Cai fell to the ground, no positive rescue was implemented, which eventually led to his death. Denial of emotion and accusation of employee stimulation After the second instance, the shopping mall expressed condolences to the families of the deceased, and still insisted on the first instances defense opinions. The agent said that the salesperson merely conveyed the opinions of the manufacturer and did not stimulate the other party. Instead, the old man had to dismantle the metal of his childs scooter and chased the salesmen, and was stopped by his family. In the process of changing toys, Cai himself was too excited to cause sudden death. In addition, the staff also rescued, and then went to the hospital and advance medical expenses, to the corresponding responsibility. Cais character is very good. He is a kind old man. Why do you say he is excited? Cai Mous wife said that sales personnel refused to repair and replace toys, the responsibility was shirk to manufacturers, but also deliberately stimulated Cai Cai. When the supervisor came to the scene, he again stimulated him with words. Cai, as a more than 60 year old man, talks with salesmen calmly, but the other party does not respect the old and love the young, and stimulates them. Even if he is emotional, he should tolerate. Family members also denied that Cai had chased sales people, saying he was just saying angry words to frighten the other side. According to Cais wife, after she fell to the ground, she explicitly asked for nitroglycerin and other drugs, but no one provided it. The staff were not watching, but panicking and no one was helping. And there are drugstores in the mall, and there are pharmacies not far away. And shopping centres did not have any training before it happened. Cai is suffering from hypertension, but he takes medicine every day and has no heart disease. The defendants behavior led to Cais emotional excitement and sudden death, and the defendant should be held responsible. At the end of the trial, the family members were willing to mediate, but the shopping center agreed to the amount of the first instance judgment. Because of the big differences, the court will judge the day. Source: Beijing Morning Post editor in charge: Zhu Xiaodong _NBJS6126 Cais character is very good. He is a kind old man. Why do you say he is excited? Cai Mous wife said that sales personnel refused to repair and replace toys, the responsibility was shirk to manufacturers, but also deliberately stimulated Cai Cai. When the supervisor came to the scene, he again stimulated him with words. Cai, as a more than 60 year old man, talks with salesmen calmly, but the other party does not respect the old and love the young, and stimulates them. Even if he is emotional, he should tolerate. Family members also denied that Cai had chased sales people, saying he was just saying angry words to frighten the other side. According to Cais wife, after she fell to the ground, she explicitly asked for nitroglycerin and other drugs, but no one provided it. The staff were not watching, but panicking and no one was helping. And there are drugstores in the mall, and there are pharmacies not far away. And shopping centres did not have any training before it happened. Cai is suffering from hypertension, but he takes medicine every day and has no heart disease. The defendants behavior led to Cais emotional excitement and sudden death, and the defendant should be held responsible. At the end of the trial, the family members were willing to mediate, but the shopping center agreed to the amount of the first instance judgment. Because of the big differences, the court will judge the day.