Hospital Negligence Case: Child’s Urination Causes Man’s Injury – Who is Liable for Compensation?

2023-09-22 03:42:54

In just 12 seconds, the boy’s parents had to pay more than 110,000 yuan (approximately NT$484,000). (Schematic diagram/PIXABAY)

A mainland man surnamed Liu was in a hurry to register his child. He stepped on a puddle of urine in the lobby and slipped. The hospital determined that he suffered a tenth-level injury. He was so angry that he asked the hospital for damages of 200,000 yuan (approximately NT$880,000). . When the monitor was called up, it was discovered that a 2-year-old boy was urinating randomly. After hearing the case, the Wuchang District People’s Court of Wuhan City, Hubei Province held that the child’s guardian should bear 70% of the liability for compensation, and ruled that the guardian should compensate Mr. Liu more than 110,000 yuan (approximately NT$484,000).

According to a report by the Chinese media “Global Times”, Liu Nan asked the hospital for medical expenses, disability compensation, losses from being unable to go to work, etc., totaling nearly 200,000 yuan (approximately NT$880,000). In the end, the mediation failed, and the two parties went to court.

The hospital called up the monitor and found that 12 seconds before Mr. Liu passed the scene of the incident, a 2-year-old boy urinated on the spot. It was not until 2 minutes after the incident that his nanny returned to the scene and cleaned the urine stains on the floor with a mop. Leave. The hospital believes that the cause of Mr. Liu’s fall and injury was the boy defecating indiscriminately. They are not the direct infringers, and the hospital has notices on slip precautions at the entrance, sides, and steps of the lobby, so the hospital should not be held responsible.

After hearing, the Wuchang District People’s Court of Wuhan City, Hubei Province held that although the place where Liu Nan slipped and was injured was in the hospital outpatient hall, Liu Nan’s slip was caused by the boy urinating everywhere and the urine stains were not cleaned up in time; from the time the boy left to Liu Nan The slip and fall only lasted 12 seconds. Even if the hospital had cleaning staff patrolling the hospital, they would not have been able to detect and issue a warning or clean up in such a short period of time. Therefore, the boy was responsible for Liu’s injuries.

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The judge pointed out that Mr. Liu did not pay attention to the ground when walking and wore slippers, which was not conducive to prevention when the ground was slippery. He also had certain faults. Therefore, the guardian of the child was sentenced to bear 70% of the liability for compensation and must compensate Mr. Liu 11 More than 10,000 yuan (approximately NT$484,000).

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