Dispute with salesman interrupted Finger customer wants to sue hope door industry

September 2011, I would like to buy a hope for the anti-theft door of Ms. Jiang, but with the salesman after the dispute was injured, the left hand middle finger fracture, identified as minor injuries. In May 2012, Ms. Jiang, after consulting with sales and merchants, decided to pursue the legal responsibility of the salesman through the court, and will look forward to the door industry and its stores as the second and third defendants.　　Lawyers Huang Xiwen that the perpetrators should bear criminal responsibility, as operators of manufacturers and shopping malls to bear the responsibility for compensation. Things after the refund of a dispute wounded Finger May 25, in Shandong University of Chinese Medicine affiliated Hospital orthopaedic Trauma, the reporter saw is coming here for the wound stitches Ms. Jiang. Although the injured finger has been restored for exactly 8 months, Ms. Kang says the finger is still not bent properly.　　May 11, Ms. Jiang here for the finger to do a second operation, take out the first time for a fixed finger left in the mail. According to Ms. Jiang, her daughter in 2011 bought a new set of commercial housing, want to install a good quality anti-theft door. September 2011, her daughter had to the North Garden Road, a home store in the hope door industry consulted the purchase of the door, paid a deposit of 500 yuan. Looking forward to the door workers have also been to Ms. Jiang's daughter's home measured. September 16, she and her daughter again came to look forward to the door industry, "before the sales staff have verbally promised to install the security door within two months, but then said that because this period is too busy, installation needs 3 months, I think the time is too long, want to return the deposit, not here to buy."　　Ms. Kang said. Because of the refund of the matter, Ms. Jiang and sales of Ms. Gao Quarreled, two people subsequently had a limb conflict, ginger lady left middle finger so injured.　　Someone to the police, Licheng District yellow Station police came to the scene, on-site investigation, the two parties to take back to the police station to do the record.　　Consultation did not fruit customers want to sue manufacturers and shopping malls in Ms. Jiang's surgery record, September 16, 2011, Ms. Jiang because of the left hand middle finger comminuted fracture in hospital, after surgery on September 27 discharged. May 9, 2012, Ms. Jiang was admitted to the hospital for the second time, taking out a fixed post during the first operation, and discharged on May 16. "The cost of the medical expenses is more than $30,000, and it will leave a disability, and I have to get justice."　　"Ms. Jiang said that after the identification of traffic hospital in Shandong province, her injury has constituted minor injuries, can be held responsible for the parties." According to Ms. Jiang, during her hospitalization, the client, Ms. Gao, and the merchants did not go to visit the apology. It was not until May 22, 2012 that the two sides met to resolve the matter. "The other side said no money compensation, I can only through legal means to hold the parties accountable."　　Ms. Jiang said that after consulting her lawyer, she decided to sue Ms. Gao, and the factory was looking forward to the door industry and its home store as the second and third defendants. Business reply to the commitment to cooperate with the relevant departments to resolve the hope that the business leader Qiu said, Ms. Gao was looking forward to the sales staff, the two people's dispute did occur in the shop. When it happened, Ms. Gao quit.Job. Mr. Qiu said he had no direct contact with Ms. Jiang and her family, and was also aware of the matter through the side. "At that time may be because of the feeling of our longer period, an old one less than two customers came to the store to return the deposit, according to the provisions of door-to-door measurement after the deposit, but finally we returned to the customer."　　Mr. Qiu said the cause of the dispute may have been a hostile tone. The reporter repeatedly calls Mr. Qiu to provide the high Lady mobile phone number, but has been unable to dial. According to Mr. Qiu, it was Ms. Jiang and her daughter who first hit the shop assistant, who injured Ginger's hand while defending, but Mr. Qiu said there were no surveillance tapes. "Ms. Kang's lawyer called my staff and said they wanted to sue, but then there was no word."　　Mr. Qiu said that because of the longer time, he did not know the specific ideas of Ms. Kang now.　　Mr. Qiu believes that it is perfectly possible to resolve the problem through the police station, but he has not been informed of the relevant aspects of the consultation. Party store responsible for the day-to-day operations of the second floor, Ms. Wang said that the incident when the store staff have been to the shop to understand the situation, but the police brought both sides to the police station, "although we know this matter, but has not directly involved."　　Ms. Wang said, if Ms. Jiang through legal means to solve, the store will cooperate with the relevant department investigation. Lawyers opinion hit, manufacturers, shopping malls are responsible for Shandong Yue Mingda law firm lawyer Huang Xiwen that staff in the workplace due to service disputes will be the customer into minor injuries, the perpetrators should bear criminal responsibility, as the operator of the manufacturers, shopping malls to bear the liability. According to article seventh of the Consumer Protection Act, consumers are entitled to the right to safety and security of persons and property in the purchase, use of goods and services. The operator provides goods or services, if the consumer or other victims are physically injured, they shall pay expenses such as medical expenses, nursing expenses during the treatment period, income reduction due to loss of time, and so on, resulting in disability, and shall also pay for the living expenses of the disabled, such as subsistence allowance, disability compensation and the subsistence costs necessary , which constitutes a crime, shall be prosecuted for criminal liability.　　The Tort Liability Law stipulates that the employer shall bear the tort liability for the employees of the employing unit who cause damage to others by performing the task. Therefore, when the consumer accepts the service, its personal rights should be protected and the operator has the obligation to protect the consumer's personal rights from unlawful infringement.　　Customer ginger in the Home store to accept the hope door industry services and the hope door industry staff conflict and suffered minor injuries, the perpetrators of high women should bear criminal responsibility, as the operators of services to look forward to the door industry and the parties should be responsible for tort compensation. -RELATED links security wounded customers eyes supermarket joint compensation 232,003 years September 12, Peng MoU for the collection of prizes came to a supermarket in the northeast of Shanghai, in the process of looking for staff mistakenly entered the supermarket office area, for this and the supermarket security personnel clashed. In the dispute, the supermarket security single A fist to beat Peng MoU, cause Pengtou facial injury.After the judicial appraisal Peng MoU Eye Vision drops, cannot be competent the original work. November 2004, the accident security was sentenced to 10 months imprisonment for intentional injury, suspended for one year.　　July 2004, Peng A civil damages lawsuit filed against the court, the supermarket and a single joint compensation for more than 143,000 yuan, and then change the appeal, the amount of compensation to more than 410,000 yuan and give up the right to claim follow-up treatment fees. In the first trial, because Peng to the court before the implementation of the application, supermarkets in accordance with the court decision to pay 30,000 yuan to Peng.　　In addition, in the early treatment process, the supermarket has paid a variety of costs of about 18,000 yuan. After the court considered that a single in the course of their work deliberately beaten customers, in terms of their actions constitute intentional injury, the supermarket side as the employer in the management of the fault, also should be liable for compensation. Taking into account that the injured party Peng in the conflict occurred in the same misconduct, the results of their own injuries should be responsible, so the decree of the supermarket and security to jointly compensate for medical expenses, nursing costs, tardiness fees, spiritual comfort gold, such as a total of more than 231,000 yuan.　　Peng and the supermarket to this verdict are raised objection: Peng MoU think oneself enter office area for a reason, own and no fault; In the case of the second Chinese court, the author believes that the security guards beat the customer during the work and cause personal injury, in addition to the perpetrator's liability for his behavior, the employer should also bear joint and several liability for supervision and mismanagement. For the supermarket to put forward the customer, because of the lack of evidence support, the court of second instance in the trial did not recognize. The Court finally decree the accident security single to the victim Peng MoU compensation 238,000 Yuan, the supermarket to bear joint and several liability for compensation.