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2008 年 9 months, Lee,[link widoczny dla zalogowanych], who lives in Zhabei District attended a travel agent lady
play a few days in Beijing, Li Po is feeling very happy, but to the Sept. 27, travel back to Shanghai this moment can not buy a train ticket, need more time to stay in Beijing. Li Po travel arrangements the night watching movies. Unexpectedly, the toilet in the cinema during the Li Po accidentally fell, causing eight injuries. She quickly guides the nearest hospital,[link widoczny dla zalogowanych], arranged for her to return to Shanghai after treatment. May 2009, insurance companies Peifu its 1 million.
Li Po that is not timely arrangements for their travel back to Shanghai, leading to his fall on the toilet in the cinema were injured. Therefore,[link widoczny dla zalogowanych], travel agents be liable for damages seeking compensation for medical expenses,[link widoczny dla zalogowanych], loss of working time, care, disability compensation in total of 5.4 million yuan.
court, travel agency argued that Li Po as adults should do their own security to the duty of care, defendant's conduct and its causal relationship does not fall injuries, so do not agree to compensation.
court held that the personal privacy of the toilet is the activities of the plaintiff,[link widoczny dla zalogowanych], the defendant can not be accompanied. At the same time open to the audience theater toilet is the place, the defendant was not toilet managers, the toilet will not take the plaintiff security obligations. Li Po fails to arrange travel back to Shanghai in the fall with injury in the toilet does not have a causal relationship. The toilet is a basic life skills, Li Po as a life experience with the full civil capacity,[link widoczny dla zalogowanych], on the toilet may be related to the risk of complete awareness and should have the ability to avoid.