Woman wins injury case against plaza
By Zhao Wen |
June 1, 2013, Saturday
|
Print Edition
Print Edition
CITIC Pacific Plaza was ordered to compensate a female shopper after she slipped and broke her ankle on a passageway, Jing'an District People's Court said yesterday.
The shopping mall on Nanjing Road W. was ordered to pay the 52-year-old woman surnamed Xie about 93,000 yuan (US$15,168) for medical and other expenses.
Xie was on her way to the parking lot when she slipped on the passageway, a rubbish channel, and broke her ankle on December 28, 2011. She required surgery.
She filed a lawsuit against the plaza early this year after negotiations between the two sides failed. In the suit, she demanded medical expenses, nursing fees, hospital room fees and compensation totaling more than 100,000 yuan.
Xie testified the passageway was greasy and the plaza didn't set up any warning signs.
The plaza argued the passageway is a rubbish channel and Xie shouldn't have walked on it. It also claimed it had posted a sign on the wall.
A court investigation found the passageway is for waste transport and not for pedestrians. But it said it was next to a parking lot, thus many shoppers would use it as a shortcut.
The court said the plaza was liable because there should be a warning sign posted in an obvious place. Since the plaza didn't provide evidence to prove the warning sign was there before the accident, the court ruled it needed to cover 80 percent of Xie's expenses.
The shopping mall on Nanjing Road W. was ordered to pay the 52-year-old woman surnamed Xie about 93,000 yuan (US$15,168) for medical and other expenses.
Xie was on her way to the parking lot when she slipped on the passageway, a rubbish channel, and broke her ankle on December 28, 2011. She required surgery.
She filed a lawsuit against the plaza early this year after negotiations between the two sides failed. In the suit, she demanded medical expenses, nursing fees, hospital room fees and compensation totaling more than 100,000 yuan.
Xie testified the passageway was greasy and the plaza didn't set up any warning signs.
The plaza argued the passageway is a rubbish channel and Xie shouldn't have walked on it. It also claimed it had posted a sign on the wall.
A court investigation found the passageway is for waste transport and not for pedestrians. But it said it was next to a parking lot, thus many shoppers would use it as a shortcut.
The court said the plaza was liable because there should be a warning sign posted in an obvious place. Since the plaza didn't provide evidence to prove the warning sign was there before the accident, the court ruled it needed to cover 80 percent of Xie's expenses.
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