[Case] Mr. Li, a 15-year-old middle school student, took the subway home alone with his suitcase after school. When Li went up to the end of the escalator in the subway station, he held his mobile phone in both hands and looked down, but did not hold his suitcase. The suitcase rolled and quickly slipped to the bottom of the escalator, injuring Shen who had just stepped on the escalator, resulting in skull fracture and atlas fracture. Shen Mou failed to negotiate with Li Mou's guardian, so he filed a lawsuit to the court and requested Li Mou and his guardian to compensate for medical expenses, nursing expenses, nutrition expenses, etc. Mr. Li and his guardian argued that Mr. Shen looked to the right when the incident happened and did not notice the luggage slipping. Mr. Shen himself was also at fault and should bear 30% of the responsibility. After the trial, the court held that Mr. Li looked down at his mobile phone while taking the escalator and did not properly manage his luggage, which caused the luggage to fall and hurt Mr. Shen. Mr. Li's negligence led to the tort damage consequences of the case, and Mr. Li was at fault; Although Mr. Li is a person with limited capacity for civil conduct, it is possible to foresee the consequences of damage caused by the sliding of out of control luggage. There is a causal relationship between the damage consequences of Mr. Shen and Mr. Li's fault. Mr. Li infringes on Mr. Shen and should bear the liability for tort compensation. The court ruled that Mr. Li and his guardian should compensate Mr. Shen for his total loss of more than 26000 yuan. After the judgment, neither party appealed. [Statement] The judge said that, according to Article 1165 of the Civil Code, if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the actor is presumed to be at fault in accordance with the provisions of the law and cannot prove that he is not at fault, he shall bear the liability for tort. In this case, Mr. Li failed to manage the luggage due to negligence, and his negligence resulted in infringement consequences, so he should be liable for tort compensation. It was very short from the time when the trunk slipped to the time when Shen was injured, and the pull rod of the trunk was pulled up. When the trunk slipped, it occupied the horizontal space of the entire escalator. Shen had no time or space to avoid. He had no fault for the consequences of damage, and the rule of contributory negligence should not be applied. Therefore, Mr. Li constitutes an infringement and should bear full liability for damages caused by Mr. Shen. The judge suggested that when taking the escalator, you should keep your attention focused. If you see a mobile phone and cause injury to others or yourself, you may bear the corresponding legal responsibility. Call on people to adhere to civilized travel, keep the bottom line of safety, consciously abide by the rules of taking elevators and traffic rules in public places, and become advocates, practitioners and promoters of civilized travel. Especially for minor students, parents and schools should strengthen their safety education and rule of law education, cultivate the self-protection awareness of minors, so that they can identify and pay attention to possible dangers in advance, avoid being subjected to various forms of illegal infringement, and at the same time guide minors to form a public safety awareness, and consider the possible consequences of their own actions in advance, Avoid potential safety hazards to others due to your bad behavior. (Outlook New Times)
Edit：sishi Responsible editor：xingyong
Source：http://www.people.com.cn/
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