Return Case ListInfringement Compensation

In a liability dispute over safety obligations in Fujian, the court ordered a restaurant to compensate the customer for total losses of 6.8 ten thousand yuan.

Case Summary

On 2024/1/25, Plaintiff Lin dined at Defendant Xiamen [Restaurant Name] and slipped on the wet floor, which had no warning signs. While heading to the restroom, the plaintiff fell, sustaining a fractured right arm and multiple soft tissue contusions. The plaintiff was hospitalized for 12 days, incurring medical expenses of 2.2 ten thousand yuan. According to judicial appraisal, the injuries constitute a Grade 10 disability, with an inability-to-work period of 60 days, a nutritional support period of 30 days, and a nursing care period of 12 days. The plaintiff filed a lawsuit against Defendant Xiamen [Restaurant Name], seeking compensation totaling 6.8 ten thousand yuan for medical fees, lost wages, nursing fees, transportation costs, meal allowances during hospitalization, nutritional fees, disability compensation, and mental distress damages.

Key Dispute

1.Did the defendant restaurant fulfill its obligation of safety assurance?
2.Is the plaintiff at fault?
3.Should the defendant be held liable for compensation?
4.Are the claimed damages reasonable?

Case Strategy

1.Secure core evidence including accident scene photos, surveillance footage, medical records, hospital bills, discharge summaries, forensic appraisal reports, lost income certificates, and nursing care invoices.
2.Present evidence that the defendant's restaurant had a wet floor, failed to post warning signs, and did not fulfill its duty of care. Under the Civil Code, operators, managers, or organizers of business premises such as hotels, shopping malls, banks, stations, airports, sports venues, and entertainment facilities, as well as public places, who fail to meet their safety obligations and cause harm to others, shall bear tort liability.
3.Establish that the plaintiff was dining and walking normally at the restaurant with no fault, and that the defendant bears full liability for compensation.
4.Calculate the plaintiff's claimed losses: medical expenses 2.2 ten thousand yuan, lost wages 1.2 ten thousand yuan, nursing fees 0.24 ten thousand yuan, transportation costs 0.12 ten thousand yuan, hospital food allowance 0.12 ten thousand yuan, nutritional fees 0.3 ten thousand yuan, disability compensation 2.4 ten thousand yuan, and mental distress damages 0.4 ten thousand yuan. Total: 6.98 ten thousand yuan. The plaintiff's claim of 6.8 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant, a restaurant in Xiamen, shall compensate the plaintiff, Lin, for all losses totaling 6.8 ten thousand yuan within ten days of the effective date of this judgment. The defendant shall bear all litigation costs and judicial appraisal fees for this case.

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