The girl sewed two stitches at the Disney octagonal lamppost, and the garden side: no liability can compensate the plush toy
In the night light, the 4-year-old girl Xiaoxiao (a pseudonym) ran into the octagonal decorative part of the Shanghai Disneyland lamppost, bleeding, and after being simply processed by Disney, she was taken to the hospital, where the wound was deeper. .
"After the incident, I repeatedly asked the garden to provide a surveillance video of the location of the incident, but they were all rejected." Xiaoxiao's father, Mr. Wang, believes that the lampposts are distributed in many places in the park, not tall. For children, there are security risks, and Disney should bear full responsibility.
More than a month after the incident, Disney’s discretionary third-party valuation company believes that the park has no responsibility and does not need to make any financial claims. The reason is that from the point of view of monitoring, the child suddenly ran away from the mother, the speed was faster, and the light in the garden was not dim. The Disney Garden is willing to give the child a plush toy in good faith as a comfort.
澎湃News () reporters consulted municipal, road administration, quality supervision, tourism and other departments, which said that there is no separate requirement for the design of the poles for large children's playgrounds. An industry insider who did not want to be named revealed that the design of street lamps and poles in entertainment venues is basically based on industry standards. In the industry, octagonal, hexagonal, square, round, and shaped pole bases are common. Some sophisticated companies use soft materials for light pole production for children's gathering places.
The reporter was informed that two years ago, the Ministry of Housing and Urban-Rural Development organized the compilation of the "Technical Conditions for Road Lighting Light Rods". At present, the draft of the standard for comments has been issued to relevant departments and enterprises, but has not yet been officially released.
Street lampposts in Shanghai Disney Resort. Mr. Wang for the picture
Parents: Security risks, Disney full responsibility
Recently, Mr. Wang told the 澎湃 journalist that on May 2, he and his wife, Xiao Xiao, who was 4 years and 4 months old, were playing in the Shanghai Disney Resort. On the way to the park after the evening light show, Xiao Xiao went Run it aside, and then the forehead hit the octagonal decorative part of the lamppost, and the blood flowed on the spot.
Mr. Wang recalled that they were holding their wounds in a panic and trying to stop the blood. They took their daughter to the Disney staff and then went to the infirmary where they were disinfected and band-aided. After a simple treatment, the blood of the wound stopped.
“The staff said that they can't handle the other things. Because they have to go back to Suzhou, there are other children walking together, and our Suzhou home is very close to the Children's Hospital, so we went back to Suzhou for further processing.†Mr. Wang continued to recall that the evening was back. When they arrived in Suzhou, they took Xiaoxiao to the hospital to see the wound. Because the wound was deep, they stitched two stitches. So far, they have spent a total of 1,163.85 yuan on medical expenses.
澎湃The journalist saw from the medical records provided by Mr. Wang that the doctor’s description of the injury at 23:50 on May 2 was “3h for the frontal forehead†and “0.8cm laceration for the forehead, deep to the skin. ", the treatment method is "debridement and suture".
The wound after the girl’s forehead was sutured. Mr. Wang for the picture
“After the incident, I repeatedly asked the garden to provide a surveillance video of the location of the incident, but it was rejected. The reason is that it is not convenient.†Mr. Wang said that the lamppost with octagonal decorative corners is more in the park. There is a distribution, and unfamiliar with the environment, he can not remember which lamppost. He hopes that he can see how his daughter got hurt by reviewing the monitor to clarify the responsibility for the accident.
Mr. Wang believes that children's amusement parks should be extremely strict with safety standards, and Disney has not fulfilled the safety guarantee obligations of entertainment venues. The height of the octagonal angle on the lamppost is similar to that of the child (the height of the edge is at the forehead of the daughter, the height of the daughter is nearly 120cm), and even at the height of some children's eyes, there are many places. At the same time, many tourists are still in the park. The light in the garden is dim, and the garden should bear the full responsibility of the accident.
Mr. Wang’s appeal has three points: First, the garden side eliminates the safety hazards of similar incidents and avoids encounters with other children in the future; second, it hopes that the garden will provide a video of the incident and find out the truth; third, the garden will compensate all the medicines that have occurred. Fees, and bear the loss of lost time for parents to take time off.
Disney: Willing to give a plush toy
Mr. Wang said that after the incident, Disney customer service, the legal department and the third-party public valuation company that Disney fully authorized had contacted him.
The journalist learned from the telephone recording provided by Mr. Wang that on May 4th, the staff of the Disney Legal Department told Mr. Wang that the full-time staff of the third-party investigation company hired by Disney would follow up the Xiaoxiao injury incident. The customer service also stated that the follow-up processing is solely the responsibility of the third-party appraisal company.
On the same day, the third-party appraisal company told Mr. Wang: "We understand that there is not much responsibility for Disney." Mr. Wang believes that Disney is not a playground for children. Should be responsible for the safety and security, "If there are not so many corners, if you hit it, you can drum up to one pack."
On May 18, the staff of the third-party appraisal company said that the surveillance video showed that Mr. Wang walked in front of the child, and the child and the mother walked behind. Later, the child basically separated from the range of the mother and ran in different directions. Then accidentally hit the lamp post. And from the point of view of monitoring, "that light is still very bright, the entire lighting below should be no problem."
Mr. Wang suggested that he would send a copy of the surveillance video, and the staff said it was inconvenient.
On May 25, the same staff member called Mr. Wang and said that Disney had little responsibility or basically no responsibility, but Disney was willing to provide a plush toy at a price of about 200 yuan. He said that he saw the medical records and invoices provided by Mr. Wang. In the total cost of more than 1,600 yuan, the cost of "there are seven or eight hundred". If you remove the ointment, it will cost more than 300 yuan.
Mr. Wang rejected the compensation plan. In this communication, Mr. Wang asked to watch the video again, and pointed out that some monitors have night vision effects. The brightness of the lights in the monitor does not indicate that the lights are not dim. The staff member stated that he did not have the right to send the surveillance video to Mr. Wang as a third party.
On May 31, the journalist called the Disney Visitors Appeals Department and a third-party public appraisal company to confirm the authenticity of the above telephone recordings.
The staff of the Disney Visitors Appeals Department stated that the above plan is objective and will not change due to the different psychological expectations of different tourists. If a third party decides that Disney is responsible, then Disney will pay the corresponding compensation; if the judgment is not responsible, Disney will not bear the economic compensation. In this incident, Disney is considered to be irresponsible. The plush toy is the garden's goodwill to the injured child. The staff also stated that the park monitoring will not be available to visitors and is for internal use only.
On June 1st, the reporter called the above-mentioned third-party public assessment company staff to ask if they had a legal professional background. They did not respond positively, only that the professional issues were not related to the solution discussed. The staff member also stated that his identity was an “assessment officer†and when asked if he had a professional certificate, he did not respond positively, believing that this was not related to the solution discussed.
Because Mr. Wang refused the plan and insisted that the medical expenses were all the responsibility of the park, the staff member said that Mr. Wang had been advised to reduce the expected payment, and he would discuss with the park.
Insiders: Children's playgrounds can be designed with more consideration of children's characteristics
澎湃The reporter’s enquiry was informed that the previous street lamp pole standard was still blank. Two years ago, the Ministry of Housing and Urban-Rural Development organized the compilation of the industry standard for "Technical Conditions for Road Lighting". At present, the draft of the standard for comments has been issued to relevant departments and enterprises, but has not yet been officially released.
The reporter noted that according to the industry standard of the opinion draft, the pole is mainly composed of the base, the rod body and the lamp arm. The base is generally made of steel or aluminum alloy and meets the technical requirements for steel or aluminum alloy poles. The whole industry standard has tested the indicators such as the strength of the lamp post, the anti-twist bearing torque, the tensile force displacement, the anti-corrosion, and the anti-leakage. However, the shape of the pole base is not contradictory.
Since then, the journalists have consulted the municipal, road administration, quality supervision, tourism and other departments and learned that there is no separate requirement for the design of the poles for large children's playgrounds. An industry insider who did not want to be named revealed that with the design of street lamps and poles, the basic reference to industry standards. For the shape of the pole for children's gathering places, the design company is designed according to the specific requirements of the owner and the design institute. In the industry, octagonal, hexagonal, square, round, and shaped pole bases are common. Some sophisticated companies use soft materials for light pole production for children's gathering places. However, the person said that in the children's playground, the age characteristics of the children can be considered more in the design, making the product more human.
In response to the girl’s injury in Disney, the lawyer of Shanghai Guoxiong Law Firm believes that Disneyland, as a playground for many minors, should fulfill a certain degree of security duty in the process of facing the public. And the site maintenance obligation, to ensure that the site is in the reception of most of the minors, from the hardware point of view to ensure that the environment can meet a certain degree of security, from the software point of view can be on-site control personnel to do their due diligence. The park should first consider whether the site layout has potential safety hazards for a large number of small and medium-sized tourists. Secondly, it should be considered whether there is a timely auxiliary reminder for the parents with children.
It is also pointed out to the poem, of course, parents also need to fulfill their custody responsibilities for children. Only the park and parents are responsible for this, so as to prevent such accidents as much as possible. From the perspective of the evidence of infringement damages, the parents of injured children should actively collect and retain the evidence in the process of defending their rights in order to protect the rights that children should claim to the greatest extent. In the case of no fruitful negotiation between the two parties, the court will be referred to the notary for refereeing.
Source: 澎湃News
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