Haikou people Zhang Lin is the mother of two children. one day in 2015, she accompanied her mother to look at the leaping duplex house, accidentally fell from the second floor of the house, resulting in spinal cord injury sequelae paraplegia, constituting a first-degree disability, hospitalized for 51 days **** spent 110,735.97 yuan in medical expenses. Subsequently, Zhang Lin will be the real estate agency and the owner of the house to court, claiming 6.39 million yuan.
One day in 2015, Zhang Lin saw on the Internet in Haikou City, a district on the 10th floor of the 108 rooms of the housing information, housing type, price and so on are suitable, Zhang Lin then intends to field viewing. After contacting and Li Moumou into the 108 room, in Li Moumou's persuasion, assistance, Zhang Lin wearing high heels, climb the bamboo ladder up to the second floor of the 108 room. Zhang Lin in the second floor to see the room, stepped on the second floor ground hole on the coverings, from the second floor hole fell to the first floor injury. Zhang Lin was then moved by Li from Room 108 on the 10th floor to wait for an ambulance on the lawn on the 1st floor, and was admitted to the hospital on the same day and discharged 51 days later, *** at a cost of $110,735.97 in medical expenses.
January 21, 2016, commissioned by Zhang Lin herself, Beijing Mingzheng Judicial Appraisal Center of Zhang Lin disability rating, nursing dependence degree, follow-up rehabilitation costs. After the appraisal, Zhang Lin spinal cord injury after paraplegia constitutes a first-degree disability. Subsequently, Zhang Lin will Wang Shuo and hundred years red company to the court, claiming medical expenses, lost wages and other *** totaling 6390787.49 yuan.
Meilan District People's Court ruled in the first instance, Wang Shuo, hundred years of red company each to pay compensation to Zhang Lin 826903.45 yuan (not including the consolation money for spiritual damage); Wang Shuo, hundred years of red company each to pay 25,000 yuan of consolation money for spiritual damage to Zhang Lin. After the court pronounced judgment, Wang Shuo, hundred years red company are not convinced of the first instance judgment, to the Haikou Intermediate Court appeal.
The second-instance judgment: the homeowner compensation of more than 1.32 million yuan, the real estate agent compensation of more than 990,000 yuan. In this case, Wang Shuo, Centennial Red Company and Zhang Lin should be responsible for the occurrence of the results of the damage. Therefore, the first trial found that Zhang Lin suffered various losses due to disability *** totaling 330,761,613.78 yuan, in line with the facts and the law, this court should support. However, the proportion of responsibility of the parties is improperly determined, this court should be adjusted, Wang Shuo shall bear 40% of the tort liability, the hundred years red company shall bear 30% of the tort liability, Zhang Lin is responsible for 30% of the responsibility.
Haikou Intermediate Court final judgment, Wang Shuo to pay compensation to Zhang Lin 1323045.52 yuan; Hainan Hundred Years of Red real estate marketing planning company to pay compensation to Zhang Lin 992284.14 yuan.