Boy KFC end of boiling water was scalded parent lawsuit claim 40,000 yuan

The claim of more than 40,000 yuan, the two sides agreed to mediate the South Daily News (reporter/Don Correspondent/Dunan) Many children like to eat KFC (Weibo), McDonald's (micro-BO) and other western fast food, but a 7-year-old children small where KFC Gaoming Wenchang Restaurant (hereinafter referred to as KFC Wenchang shop) and children to celebrate the birthday, But something unfortunate happened, and was scalded to the left neck and shoulder by boiling water. After the accident, Xiao Ho's mother and the KFC Wenchang store many consultations failed to reach agreement, it sued the court for medical expenses, delay, follow-up treatment fees, mental damage compensation, such as a total of 43685.5 yuan.　　The case was heard at the Gaoming Court 9 o'clock in the morning yesterday. Case: Boiling water was not stamped to the 7-Year-old boy was scalded the plaintiff sued, last December 3 19 o'clock Xu, 7-Year-old Little Ho and other children in the KFC Wenchang shop to celebrate the birthday, because of thirst to the waiter to drink water, the waiter immediately poured a cup of hot boiled waters (no cover) to the Little Ho, in the small he held high water the original road back when the cup turned upside down, Scalded to the left and neck by boiling water. After the diagnosis of a hospital for the facial neck, left upper limb boiling water scald 5% (Shallow II 1%, Deep II 4%), hospitalization 19 days, and have discharged orders: wound large healing, residual wound a little, outpatient dressing change follow-up June.　　After the incident, the KFC Wenchang store and the plaintiff and the Consumer Council have consulted many times, but did not reach an agreement. The plaintiff Xiaohe's legal representative, the plaintiff's mother, said that the defendant's KFC waiter gave a glass of boiling water to a 7-year-old child without a lid, an act that was extremely irresponsible and did not take into account the risk of boiling boiling water for a 7-year-old child. The defendant as a catering business place, the customer's security obligations. The plaintiff is personally injured in the defendant's business premises and the defendant is entitled to compensation. This accident happened, not only caused the plaintiff Xiaohe body and mind injury, left it irreparable scars, but also delayed its normal study, life.　　Therefore, Ms. Wei believes that the defendant should pay a total of 43685.5 yuan for compensation, including 20,000 yuan of mental damage compensation.　　Trial Focus One: Does the original defendant form a catering service relationship?　　During the trial yesterday morning, the two sides focused on whether the original, the defendant between the formation of food service relations and the defendant to the plaintiff's scald is the fault of the two focus of intense debate. The defendant believes that there is a reservation between the original and the defendant on whether to form a catering service, the defendant is free to provide boiling water, does not belong to the defendant's business scope.　　The plaintiff has no evidence of any consumer activity at the defendant's premises.　　The plaintiff said that he had taken a photograph upstairs to celebrate the children's birthday, and that the defendant could bring up the video before the burn, and that the plaintiff's consumption must have been the case.　　Trial Focus Two: is the defendant wrong with the plaintiff's scald? The defendant believed that through the surveillance video can see, the plaintiff children's improper movement (lifts the tray above the head) is the direct cause of the accident, and the plaintiff's legal representative was notHave in the side accompanying, did not fulfill the guardianship duty, has the unshirkable responsibility to the accident; the defendant's waiter provided the tray at that time, and after the plaintiff was scalded, the defendant made an urgent deal with the plaintiff. The plaintiff countered that the video also reflected the height of the dining table and the plaintiff, who had to lift the tray above his head. After the plaintiff burns, for a long time the defendant did not offer help, is the other customers to come to the dinner to help. When the plaintiff takes the water, the waiter should not give the child a cup of boiling water, even take the boiling water, should help him to get a certain table, and the boiling water cup should be stamped.　　The plaintiff also said that before the small water intake, there are children with the water, is the waiter to help put on the designated table. In the course of the trial, the plaintiff's mother, Ms. Wei, said that the 7-year-old children to get a glass of water is not the responsibility of their own guardianship, she said that this is the ability of children to be competent. The defendant expressed regret over the incident and expressed the hope that the children would recover as soon as possible and that they would do their best to facilitate the resolution of the incident. Under the chairmanship of the judges, both sides expressed their willingness to mediate in the court.