The glass door suddenly broke when the delivery man was delivering the food. The merchant asked the delivery man to pay 600 yuan in compensation. The lawyer responded.

Recently, a delivery boy in Huizhou, Guangdong Province pulled the glass door of the store when delivering food. The glass door suddenly broke after moving, causing his Injured hand. The store owner said that the boy did not see a lock on the door, which led to the incident. The door was worth 1,200 yuan, and he was asked to pay half of the cost, which was 600 yuan. The boy said that there was a take-out sign on the door, and it was dark and he couldn\’t see the lock, so he went through this door. He didn\’t agree to pay and thought it was the store\’s full responsibility.

Yao Zhidou of Beijing Jingshi Law Firm believes that the measures taken by businesses are difficult to convince the younger brother Realizing that the glass door is broken or closed to traffic, it may be difficult to gain support by suggesting that the brother bear half of the cost. The boy\’s arm injury can be considered a work-related injury, and he can claim medical expenses from the merchant in accordance with regulations.

The glass door suddenly moved Broken

Recently, some netizens posted a video reporting that when a delivery boy in Huizhou, Guangdong entered the glass door of a store to deliver food, the glass door suddenly shattered and the boy\’s arm was scratched. The store demanded that the delivery boy pay 600 yuan in compensation. . Surveillance video shows that the glass door has two doors with a U-shaped lock hanging on them. The curtain inside the door is more than half closed, leaving less light exposed.

The video shows that after the boy pulled one glass door, the other glass door that was pulled suddenly broke, and the broken glass fell into his hands. The boy said that although it was not the main entrance, there was a sticker on the door. There was a take-out sign, and the curtains were half-closed, so the lights were dim. I didn’t see the door being locked, so I chose to enter.

On October 14, the person in charge of the store, Mr. Huang, told the Poster News reporter that the younger brother did not notice that the door was locked, causing the glass to break. It costs 1,200 yuan to replace the door. It is hoped that both parties will bear half of the cost. The takeaway shop The brother’s expenses were compensated by the food delivery platform’s insurance company, but the delivery boy disagreed and insisted that the store was solely responsible.

Attorney:

Asking the younger brother to bear half of the cost may not be supported

In this matter, how should the responsibility for the broken glass door be divided? Should the younger brother bear half of the cost? Lawyer Yao Zhidou from Beijing Jingshi Law Firm said that the video showed that the store locked the broken door (marked as takeaway) ), the delivery boy did not kick the door, violently pull it, use excessive force or other improper behavior to open the door. The glass door broke under normal use.

Yao Zhidou said that as a place open to the public, the store has the obligation to ensure the personal safety of customers visiting the store. In this incident, if there are certain safety hazards or taboos when using the glass door, the store should make it clear Accurately inform and remind customers who come to the store, \”For example, this door is broken and no pushing or pulling is allowed, this door is locked, the glass is fragile, etc.; or arrange for store staff to help customers open and close the door; or install anti-collision, deceleration or angle-limiting safety devices, etc. They should not Causing misunderstanding to passers-by. ”

Yao Zhidou said that according to the explanations of the boy and the store, when the store knew that the glass door had safety hazards, it only reminded them by marking the takeout and locking measures, plus the door curtain was closed when the incident occurred. Half, vision is dark, so cannot pass It is extremely hard for passers-by to realize that the glass is broken or that the door is closed to traffic. Therefore, it should be measured based on the normal behavior of ordinary people. If the brother is not at fault, the merchant may not be able to get half of the cost if the brother is responsible. Support.

The younger brother can require the merchant to pay medical expenses according to law

Is the brother\’s arm injury a work-related injury? Who will pay for the medical expenses? Yao Zhidou said that the brother has a labor relationship with the takeaway catering platform. According to the \”Work Injury Insurance Regulations\”, he was injured in an accident during working hours due to work reasons. Yes, it can be considered a work-related injury

Yao Zhidou said that the delivery boy opened the door normally and was scratched by the merchant\’s glass door, which had safety risks, causing damage to his personal health. According to the Civil Code, \”hotels, shopping malls, banks, stations, airports, Operators and managers of business venues and public places such as sports venues and entertainment venues or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability. \”, you can claim medical expenses from the merchant.

Source | Xiaoxiang Morning News

Reporter | Yu Guangqiang