Dear presiding judges, judges and people's jurors,
Guangdong Zhiyang Law Firm accepted the entrustment of xx Hotel in Baiyun District, Guangzhou, and appointed me as the defendant's agent in the case of xxx v. xx Hotel's right to life, health and body. Based on the pre-trial understanding and the trial situation, the proxy words are now published as follows.
1. The plaintiff used the washbasin to wash clothes, which was improper use and should bear corresponding responsibilities.
In this case, the defendant's washbasin facilities have potential safety hazards, and it is not clear that customers can't wash clothes in the washbasin and should bear corresponding responsibilities. At the same time, the plaintiff should bear corresponding responsibilities for improper use.
17 The Atlas of Sanitary Equipment Installation issued by the Ministry of Construction on July 20th (AtlasNo. 99S304, approval documentNo. 20xx 157, unified number GJBT-525) includes washbasin, test basin, washbasin, sewage basin, washbasin, kitchen washbasin, toilet, squatting pan, bidet and so on.
As you can see, there is no washbasin in the bathroom. Personally, I think the only sanitary equipment that can wash clothes is the sink. The defendant installed a washbasin, and the plaintiff knew it. In the complaint, the plaintiff also said that he washed clothes in the washbasin. The washbasin installed by the defendant is closest to the bench washbasin on page 38 of 99S304. The washbasin is designed and installed according to its function, without considering the great external force.
The plaintiff said at the trial that he was washing jeans in the washbasin. We know that jeans are difficult to wash by hand and need to be rubbed hard. If you wash it with a washbasin, you often need to rub it with your whole body. Therefore, when the plaintiff washes jeans in the washbasin, the washbasin almost bears the weight of the plaintiff's whole body.
In fact, the plaintiff can choose to wash jeans at the dry cleaners or under the defendant's tap. But the plaintiff mistakenly chose to wash jeans in the washbasin, which caused the washbasin to be damaged and hurt herself at the same time. Therefore, the plaintiff belongs to improper use and should bear 50% responsibility.
Second, the calculation of the plaintiff's loss.
1, mental damage compensation.
Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort stipulates that if the victim requests compensation for mental damage due to infringement, but it has not caused serious consequences, it will generally not be supported.
In this case, the plaintiff's mental damage is not serious enough, and the defendant does not need to pay mental damage compensation.
2. Lost time.
1. The plaintiff did not work in xx Company.
Before the trial, I logged on the website of Guangzhou xx Electric Appliance Co., Ltd. (I found the telephone number of Mr. X of xxx Company (/kloc-0 1598903xxxx), and got through to Mr. X's phone number, and found out the plaintiff's employment in xx Company. Mr. X replied: xx Company has no plaintiff now.
The defendant's manager xxx told me that the plaintiff rented a house in the defendant and never saw him go to work regularly.
During the trial, the plaintiff claimed that he was selling clothes in Shahe and didn't join xx company, but sometimes the boss of xx company called him and he helped xx company pick up guests because he had a car.
Therefore, the plaintiff should provide labor contract, social security information, company roster, payroll and other relevant evidence. To prove that he works in xx company, and his salary is 3000 yuan per month.
The Certificate of xx Company provided by the plaintiff cannot prove that he works in xx Company, nor can he prove that his salary income in xx Company is 3,000 yuan per month.
B, the plaintiff has no evidence to prove that it has reduced its income.
Although in the discharge certificate provided by the plaintiff, the doctor advised him to rest for two months, the plaintiff had no evidence to prove that he had rested for two months according to the doctor's advice, and there was no evidence to prove that the plaintiff had reduced his income during these two months.
3. Nursing expenses.
Although the doctor's advice indicated escort, the plaintiff had no evidence to prove that she had found someone to accompany her. Moreover, it is reasonable to say that a person with an injured left hand can basically take care of himself when eating, dressing and going to the toilet, and it is not a big problem not to find someone to accompany him all the time.
The plaintiff also has no evidence to prove that the escort fee was incurred.
4. Transportation expenses.
Transportation expenses shall be subject to official bills. The plaintiff did not provide any documents to prove that transportation expenses were incurred.
But I personally think that even if there is no evidence to prove it, transportation expenses should actually occur. According to the doctor's advice, there are two reexaminations, plus hospitalization and discharge, which should result in three round-trip transportation expenses. Every time the defendant recognizes 50 yuan, a * * * recognition will generate transportation expenses 150 yuan.
5. Nutrition fee.
The plaintiff has no evidence to prove that nutrition expenses have been incurred.
Third, summarize.
In this case, both parties have to bear half the responsibility; It is reasonable for the plaintiff to ask 800 yuan for the hospital food subsidy; We recognize the transportation fee 150 yuan; The plaintiff's other claims are not fully based.
The above opinions are for the collegial panel's reference only.
I am here to convey
Guangzhou Baiyun District People's Court
xxx
20xx May 14