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careless parents take their children out to play with their mobile phones

child unfortunately fell from mall escalator

who should bear the responsibility?

recently, the shanghai jinshan district people’s court (hereinafter referred to as the shanghai jinshan court) concluded such a dispute over the rights to life, body, and health. on september 27, related topics became hot searches.

when my mother looked down at her phone

3-year-old child falls from shopping mall escalator

in april 2021, ms. chen took her three-year-old child liangliang (pseudonym) to the mall for shopping. near the entrance of the escalator on the third floor, ms. chen stood about 2-3 meters away from liangliang and looked down at her mobile phone.out of curiosity, liangliang came to the entrance of the escalator, touched the handrail and returned.ms. chen looked up and saw liangliang doing the above, but when she saw liangliang returning, she continued to stand there and look at her phone.

later, liangliang came to the escalator entrance again.grasping the handrail with both hands from the outside, his body was immediately lifted up by the ascending handrail, and after passing through the gap between the handrail and the surrounding railings, he fell to the first floor at the third stairwell., liangliang was unconscious on the spot.

the judicial appraisal center was entrusted to evaluate liangliang’s disability level, follow-up treatment, care and degree of dependence.the appraisal opinion is that liangliang suffered severe craniocerebral injury due to a high fall, and is now left with quadriplegia (muscle strength below level three), defecation dysfunction, etc., and is assessed as a first-level disability.

after being assessed as disabled, they still need to be completely dependent on nursing care. they still need defecation and urination care and supplies (such as disposable diapers). they need long-term systemic anti-epileptic drug treatment, measures and supplies to prevent limb contracture, as well as respiratory tract management, infection prevention and regular review. wait.

mother believes the mall failed to fulfill its safety obligations

take the mall to court

liangliang's mother, ms. chen, believed that the shopping mall involved failed to install adequate guardrails at the third-floor escalator and failed to fulfill its safety protection obligations, so she filed a lawsuit in court demanding that the shopping mall involved assume liability for compensation.

the shopping mall involved argued that the accident occurred due to liangliang's dangerous behavior of deliberately climbing the handrail and liangliang's mother, ms. chen, failing to perform her guardianship duties. the escalator itself does not have any quality problems or safety hazards. the mall has also given sufficient safety tips on the escalator and adjacent areas. it has also fulfilled its obligation to provide timely rescue after the accident. the mall has ensured safety within reasonable limits. protection obligations, so they should not be liable for compensation.

court decision:the mall bears 70% responsibility

after the trial, the court held that after on-site investigation, the escalator involved in the case was located on the third floor of the shopping mall. there was a metal railing erected between the escalator and the wall. about 7cm away from the railing was the stairwell from the third floor to the first floor, which posed a risk of people falling.regarding this dangerous area, the shopping mall involved did not set up fixed blocking devices in accordance with the "safety code for the manufacturing and installation of escalators and moving walks" to effectively isolate the stairwells where there is a risk of falling. its safety protection requirements do not meet the national mandatory requirements. standard, has a causal relationship with liangliang’s serious injury from falling,it should be determined that the shopping mall involved failed to fulfill its safety guarantee obligations and should be liable for compensation for the damage suffered by liangliang.

in addition, parents, as guardians of minor children, should earnestly perform their guardianship duties and promptly discover and stop children's dangerous behaviors. if a child is injured due to inadequate care by the guardian, the guardian should be held responsible for the consequences of the damage.at the time of the incident, ms. chen ignored liangliang’s hand and continued to look down at her phone after seeing her hand touching the handrail., failed to fulfill the duty of prudent care, and was at fault for the occurrence of the damage,the liability of the mall involved should be reduced.

for ordinary consumers who lack relevant industry knowledge, the shopping mall involved, as the manager of a large business place, has the knowledge and management capabilities of relevant industry management.it should be reasonably foreseen that the guardrail facilities at the escalator entrance and exit do not meet the national mandatory standards and there is a risk of people falling.the fault of the mall involved in the story is greater than the fault of liangliang’s mother, ms. chen, for poor supervision.

in summary, based on the degree of fault of both parties and the causative effect of the infringement on the damage, the court determined that the shopping mall involved should bear 70% of the compensation liability for liangliang’s damage.the defendant was then ordered to compensate the plaintiff liangliang for more than 1.54 million yuan from the shopping mall involved.

after the case was appealed, the second instance upheld the original verdict.

netizen comments

in this regard, some netizens believe that the guardian has greater responsibility for not taking good care of the child.

some netizens also said that the guardrail facilities at the mall's escalators do not meet national mandatory standards, so the mall has greater responsibility.

pay attention to these things when riding the escalator↓↓