Because the area is wet,often happen in the supermarket the attaint of slippery, elevator accident that causes consumer to get hurt consequently formerly. Among them, consumer happens from time to tome in the circumstance of supermarket trip, when we produce these accidents really, often can generate a lot of question, is consumer in supermarket trip supermarket responsible? How should be the responsibility between consumer and supermarket maintained, what law basis to have again? Etc. ? One, is consumer in supermarket trip supermarket responsible?
Whether is should affirming him client breaks in the supermarket above all a supermarket did not use up safety to guarantee obligation. Limit a supermarket to whether assume the core of responsibility to depend on, whether do its use up pair of client person safety and the obligation that belongings safety guarantees inside reasonable limit range. The supermarket did not adopt preventive measure in the place with easy dangerous generation, should throw what what cause to damage to the client assume main responsibility. If the client serves as an adult that has independent action capacity, outer necessary discretion also is had to notice obligation in giving consumptive course, in order to ensure oneself is safe, to its oneself is damaged Yi Cheng to carry corresponding responsibility.
2, legal basis " law of liability of tort of People's Republic of China " thirtieth sets 7 times: "The public administrative person such as guesthouse, bazaar, bank, station, public place of entertainment or the organizer of activity of of a mass character, all did not guarantee obligation to safety, cause other to damage, ought to assume tort responsibility. Because the behavior of the 3rd person causes what other damages, assume tort liability; to manage a person by the 3rd person or the organizer did not use up safety to guarantee obligation, assume corresponding additional responsibility. " " top people court about trying statute of comfortable use of person damages case the explanation of a certain number of problems " the 6th regulation: "Undertake the management activity such as accommodation, meal, recreation the natural person of activity of other perhaps society, legal person, other organization, did not use up the safety inside reasonable limit range to ensure obligation to cause other to suffer person to damage, compensatory obligee requests his to assume corresponding liability to pay compensation, people court should grant to support. ?
Because tort of the 3rd person brings about those who damage result happening, assume liability to pay compensation by the 3rd person of executive tort behavior. Safe safeguard obligor has fault, can prevent in its or ought to check corresponding additional liability to pay compensation is assumed inside harm limits. After safe safeguard obligor assumes responsibility, can chase after countervail to the 3rd person. Compensatory obligee sues safety to ensure obligor, ought to regard corespondent as the 3rd person, but the exception that the 3rd person cannot define. " " consumer rights and interests protects a law " the 7th regulation: "Consumer is being bought, use commodity and safety of person, belongings is enjoyed not to get damaged right when accepting a service. " eleventh regulation: "Because consumer is bought, use commodity perhaps accepts a service to be damaged by person, belongings, enjoy the right that acquires compensation lawfully. " consumer enters a supermarket, be in order to buy, use commodity and accept a service to be a purpose, enter a supermarket as a consumer, the supermarket manages general merchandise as retail sell greatly, accord with " undertake the management activity such as accommodation, meal, recreation the natural person of activity of other perhaps society, legal person, other organization " condition, the supermarket ought to be had make sure consumer is being bought, use commodity and safety of the person when accepting a service do not accept damaged obligation.
Everybody often gives of all kinds and city of unfavorable balance of trade, large market, it is when consumer after supermarket trip, general the legal dispute court of justice that such circumstance produces can adjudicate a supermarket can be put in due responsibility, no matter whether this fault is apparent. But regard competence of a completely civil action as the person, ought to be opposite shopping environment has enough understanding and attention, adopt be on guard accordingly measure.
