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Summary of article:
After a woman was injured by a mobile phone on the upper bunk of a train sleeper, she reached a settlement with the other party and received 23,000 yuan in compensation. However, he posted the video to ask whether the Railway Department should also take up management or supplementary responsibilities.
A woman posted a video saying that a mobile phone that fell from the upper bunk in the train hit her in the eye and left her face drenched in blood. The video triggered a heated discussion among netizens regarding the division of responsibility. The person involved, Ms Yan, said that the passenger sitting in the upper bunk had reached an agreement with her to pay a lump sum compensation of 23,000 yuan (RMB, about US$3,455). He posted the video to know whether the Railway Department is responsible for this matter.
Observer.com reported that 12306 customer service staff said that if other passengers are injured due to improper storage of items, the responsibility should be borne by the owner of the items. If the accident occurs due to negligence of railway employees, they will have to bear the relevant responsibility.
Ms Yan and the upper bunk passenger went to the hospital to be examined and it was determined there were no serious problems with their eyes, the report said. Considering that there may be subsequent risks such as delayed eye damage, wound treatment and lost work expenses, both parties negotiated and reached a lump sum settlement agreement.
By now the matter is clear. But Ms Yan turned around and posted the experience online, causing an uproar. Many people’s first reaction is: The upper berth has given you a compensation of 23,000 yuan, what more do you want? Do you think you don’t have enough money and want to blackmail the Railways again?
But Ms. Yan’s statement is completely different. According to reports, when she posted the video, she was not causing trouble to the passenger on the upper bunk bed (the other party compensated her). She wanted to know one thing: “I bought a ticket and boarded your train. Is the Railways responsible for the injuries I sustained in your train?” He further explained that after the injury, the train staff had said that they would be responsible and would accompany him for medical treatment and assist in the treatment. After reaching the station, the staff handed him over to the station and left. From the hospital to negotiating compensation, he and the passenger on the top bunk did everything themselves. “I feel a little cold.”
In this regard, the lawyer pointed out that according to the “Civil Code” and relevant judicial interpretations, the main responsibility for the custody of personal belongings lies with the owner, and the violator should bear the liability for compensation; If the railway department fails to carry out safety reminders or management responsibilities, it will have to bear the corresponding supplementary liability for compensation.
According to reports, the incident also drew people’s attention to the safety hazards of sleeper carriages. Many passengers said that passengers on lower berths often become passive and helpless when encountering objects falling from above, and called on the railway department to strengthen safety reminders and optimize protective features. At present, whether the Railway Department should bear supplementary liability in such accidents still depends on whether the employees have fulfilled their compliance safety assurance and management obligations.
Summary FAQ
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After a passenger on the upper bunk bed was hit in the eye by a mobile phone dropped by him, both parties went to the hospital to check and confirm there was no serious problem. After considering the risks of follow-up medical treatment, injuries and missed work, they ultimately negotiated a lump sum settlement of 23,000 yuan.
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Ms Yan said the purpose of posting the video was not to go after the passengers sitting on the upper bunk as they had already paid compensation, but to find out whether the railway department also had safety management or supplementary responsibilities after they were injured on the train.
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12306 Customer Service and Lawyers point out that if improper storage of personal belongings causes injury to others, the owner of the goods is usually responsible first; If railway employees fail to meet safety reminders or management obligations, they may incur related supplementary liability.
