Rejected all the claims of Ms. Wang's family, and the case is still in the appeal period. The old man died after being treated for tripping over a suitcase 15 days. On March 8, 20 19 12: 30, Ms. Wang prepared to take a bus at Beijing West Railway Station. At the entrance, Ms. Wang and Ms. Liu dragged luggage case into a collision.
Ms. Wang's son Liu recalled that on the same day, he sent his mother to the station from the gate on the right side of the entrance, but the staff told him that if he sent passengers to the station, he needed to go to the gate on the left to go through the formalities of sending passengers to the station. Just as her mother turned around, Ms. Liu walked behind her, causing her to trip over Ms. Liu's suitcase.
Later, Ms. Wang continued to drive to Shijiazhuang. In the car, she had severe headache and dizziness. 16: 36, when the train arrived at Shijiazhuang station, Ms. Wang was unconscious and was pushed off the train by the staff in a wheelchair. Nearly five hours after the fall, Ms. Wang was rushed to the hospital by relatives who came to pick up the station. The doctor diagnosed Ms. Wang as cerebral hemorrhage.
After two transfers, 15 days of treatment, Ms. Wang passed away. The family sued the suitcase owner for more than 620,000 yuan. Ms. Wang's family believes that Ms. Liu has a major fault and should bear at least 60% responsibility for Ms. Wang's fall. So, she sued Fengtai Court, claiming more than 620,000 yuan for medical expenses, death compensation and mental damage compensation.
Ms. Liu believes that at the time of the incident, Liu also sent her mother to the maintenance station at the scene. Ms. Wang didn't take good care of her mother when she walked into the pit stop. Ms. Wang tripped because she was in a hurry to catch up with Liu. After the fall, Liu still let her mother ride alone, and Ms. Wang was taken to the hospital five hours later, which delayed the treatment opportunity and aggravated the injury.
Eventually, the family gave up treatment, which led to Ms. Wang's death. Ms. Liu has been queuing normally without any fault and should not bear tort liability. The on-site surveillance video shows that Ms. Liu is preparing to enter the station in a straight line, while Ms. Wang walks out of the gate in the opposite direction. Ms. Liu made a sideways movement, and Ms. Wang still hit the suitcase and fell.
Liu believes that the reason why mother didn't see the suitcase is because Ms. Wang, Ms. Liu and the suitcase are in a straight line, and the suitcase is hidden behind Ms. Liu. When Ms. Liu exposed the suitcase sideways, the distance between her mother and the suitcase was less than 10 cm, so she could not dodge quickly to avoid danger.
The court's first-instance judgment: rejected all the claims of the deceased's family. The Fengtai court held that the place where Ms. Wang fell was next to the ticket gate of the railway station. After passing the ticket barrier normally, she got on the train, and few people walked back from the ticket barrier. Ms. Wang and her son return retrograde from the ticket gate, so pay more attention.
It was found that Ms. Wang turned and walked five steps before meeting Ms. Liu's suitcase, indicating that there was a certain safe distance between them. However, Ms. Wang turned her head and went retrograde, so she had to avoid the straight passengers and observe the surrounding situation. Because it failed to fulfill its duty of care, it failed to stop it in time when it hit Ms. Liu's suitcase, which was at fault for the damage.
As a passenger who normally enters the ticket gate, Ms. Liu's suitcase is not oversized and overweight, and she is not out of her control all the way, which is within a reasonable range around her. If Ms. Wang is careful and slow, she can completely avoid collision. The whole incident happened in less than 4 seconds, and Ms. Liu could not foresee it, nor could she make a judgment that an unexpected situation might happen in an instant.
At this time, Ms. Wang should bear the duty of safety care when walking, and should not impose the duty of high care on Ms. Liu who is traveling normally. The court said that Ms. Wang's death was indeed regrettable, but the occurrence of sad results could not be the reason or premise for Ms. Liu to bear tort liability. Adult family members who accompany the elderly to the station at the same time.
Careful and effective care and attention should be given to the elderly, and risks should be discovered and avoided in time. Based on the evidence of the whole case, Fengtai Court ruled in the first instance that all the claims of Ms. Wang's family were rejected. At present, the case is still in the appeal period, and the first-instance judgment has not yet taken effect.
People's Daily-620,000 family members' claims for the death of a woman who tripped over a passenger's suitcase at a railway station were rejected.