The supermarket was complained by a customer that it paid 250,000 yuan in the first instance and 10,

Under the second-instance final adjudication system implemented in China, if it is found that the facts ascertained in the second-instance trial result are unclear and the law is wrongly applied, a retrial appeal may be filed.

Supermarket shopping injuries.

Can the customer claim compensation?

Case review: In April this year, Ms. Wang, 53, tripped over an uncleaned packing rope and injured her arm while shopping at a supermarket. He was diagnosed with a dislocation of the right shoulder joint, an avulsion fracture of the humeral head, and a soft tissue contusion of the knee of the left leg.

Ms. Wang was hospitalized for more than a month, and the supermarket spent more than 4,700 yuan for it. When Ms. Wang's injuries did not completely recover, the person in charge of the supermarket refused to continue to bear the ** expenses for her. Since then, Ms. Wang has paid more than 3,700 yuan for **.

Subsequently, Ms. Wang sued the supermarket to the court, demanding compensation for medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, and losses totaling more than 10,000 yuan, including 50,000 yuan in compensation for moral damages.

The supermarket argued that Ms. Wang's fall and injury in the supermarket operated by her were not caused by the company's active infringement. As a normal adult, Ms. Wang should have taken due care and protection to her own personal safety, so she should also bear corresponding responsibility for her fall and injury.

The court ruled that the court held that due to the mismanagement of the supermarket, Ms. Wang fell and was injured in the supermarket, and the supermarket should bear the corresponding liability for compensation. As an adult, Ms. Wang should also fulfill the necessary obligation of safety and attention during the shopping process, and she should also bear the corresponding responsibility for the fall injury.

Therefore, the court ordered the supermarket to compensate Ms. Wang for various losses totaling more than 10,000 yuan.

Commentary on laws and regulations: China's relevant judicial interpretations stipulate that: "Where a natural person, legal person, or other organization engaged in business activities such as accommodation, catering, entertainment, or other social activities fails to fulfill its security obligations within a reasonable range, causing personal injury to others, and the compensation rights holder requests that he bear the corresponding liability for compensation, the people's court shall support it."

Therefore, in this case, the operator's failure to fulfill its duty to ensure safety within a reasonable scope was the main cause of personal injury, and there was a legal basis for the court to order it to bear the main responsibility. The standards and items of compensation, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies, nutrition expenses, etc.; In addition, the victim may claim solatium for moral damages. The amount of compensation for moral damages is to be determined by the court in accordance with the prescribed standards, taking into account factors such as the degree of fault, consequences, and the average living standard of the locality.

Finally, it should be emphasized that the claim needs to be supported by relevant evidence, so the victim should pay attention to the preservation of relevant evidence through legal means, such as reporting the accident after the accident, keeping the hospital medical certificate, medical expense invoices and other relevant bills. Reporter of this newspaper.

The legal basis is Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, which stipulates that: If an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

"Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be "engaging in employment activities".