On the evening of December 8, in a shop of Feizhou International Commercial Center, Xuhui District, Shanghai, a vertical fitting mirror suddenly fell down and injured a 6-year-old girl, Yao Mou. Yao Mou died of serious injury after being sent to hospital by his family. ?
It can be said that all clothing stores or stores are inseparable from the fitting mirror. This most common item has taken the life of a 6-year-old girl, which is shocking and incredible. In this case, whether the guardians who lead children to shopping malls have weak guardianship remains to be determined by the authorities. However, as managers of public places, shopping malls and businesses involved have obviously not fulfilled their security obligations. ?
According to the Tort Liability Law, managers of public places such as hotels, shopping malls, banks, stations and entertainment places or organizers of mass activities who fail to fulfill their obligations of safety and security and cause damage to others shall bear tort liability. The Law on the Protection of ConsumersRights and Interests also stipulates that operators of hotels, shopping malls, restaurants and other business places shall fulfil their obligations of safety protection to consumers. ?
The main reason for emphasizing the operators security obligations lies in the fact that the operator is faced with unspecified consumers, including young and strong, active, old and young, sick and disabled, cautious and careless. This determines that such places must take into account the characteristics and attention of the majority of people, apply stricter safety standards, and put the relevant equipment should be stronger and safer than the furniture in personal residences. ?
In particular, operators are more aware of the performance and installation status of relevant facilities in the business premises, so they have a stronger ability to anticipate and control risks. Consumers are different. Most of them know about the installation of furniture in their homes, but they do not know about public facilities. Then, the operators should obviously assume the obligation of security and take necessary measures such as warning, reinforcement and reminder to avoid the infringement of consumerspersonal safety. ?
It is worth noting that this is the legal obligation of the operator, which should not be lightened or exempted at will, nor should it be transferred to the consumers duty of care. That is to say, as long as consumers do not intentionally touch porcelain, any infringement in the business premises should be regarded as operators have not fulfilled their security obligations. ?
According to reports, the store manager explained that the shop was renovated by the decoration company in 2011. At that time, the mirror was there. According to the requirements, the mirror should have steel nails and other facilities connected to the wall. However, there are no riveting and riveting marks in the remnants of the connection between the mirror and the wall, only a circle of glue marks. Thus, it is difficult to say that the mall involved has fulfilled its full security obligations. Even if it is found that the girl has touched the fitting mirror, it can not exempt the operator from responsibility.
It should be noted that the consumers here are generic terms relative to the operators, that is, they are not the only consumers who have purchased goods. Those who go shopping and shop are regarded as consumers, even if they wander through the shopping mall or go to the supermarket to find toilets, which are stipulated by the Consumer Rights Protection Law. Consumers and operators should fulfill their obligations of safety and security. Otherwise, once causing consumer damage, they should be liable for damages.
No matter how small the potential safety hazards in public places are, they may bring catastrophes. As managers and operators of public places, they should not be idle and fluky, but must fulfil higher security obligations to ensure that the relevant facilities in the place meet safety standards. In this way, we can effectively avoid the tragedy of life-threatening fitting mirror and protect consumers from natural disasters.
Source: Peng Mei News Author: Shi Hongjus Responsible Editor: Jike_b6492