Who is to blame?Four-year-old boy’s finger snapped off at Upside down Art Gallery

2022-05-30 0 By

“I can compensate you 1000 yuan money, say to have what matter, you go to court.”A mother took her four-year-old son to the Upside down Art gallery in Super Brand Mall in Shanghai recently, only to find that the boy lost a finger when he was caught in a door crack that bounced back.After treatment, the finger has been resuscitation, but the subsequent functional recovery is uncertain.The child’s mother and the museum are at odds over responsibility for the incident.The museum believes that the main responsibility is improper parental care, and suggests a lawsuit to the court.Children are young and have weak safety awareness. They are vulnerable to accidental injuries when playing, so they need careful care from parents and active response from all parties when accidents occur.Article 1,198 of the Civil Code stipulates that operators and managers of business and public places such as hotels, shopping malls, banks, railway stations, airports, sports venues and entertainment venues or organizers of mass activities who fail to fulfill their security obligations and cause damage to others shall bear tort liability.The main service object of the art museum is underage children, which requires a more comprehensive awareness of production safety and stricter safety protection measures to avoid accidental injuries to children.As the art museum did not eliminate the potential danger, resulting in the injury of the child, there is a fault, should bear civil compensation liability.In addition, this child is not full 8 one full year of life, belong to person without civil capacity, its parents serve as guardian, have protection obligation, want to be guarded strictly.Therefore, the children’s parents are also at fault, their own should also bear the corresponding responsibility.At present, the two sides are still holding consultations and hope that the issue can be properly resolved.—————————————— follow @ye Shuaihao lawyer, take you to see all the state of the world, avoid legal traps.