周显根

台州锦江百货是我市大型的零售商场，该商场三楼设有“大西洋淘气城”，是孩子们玩乐天堂。二00一年五月二十七日，家住椒江不满十岁的李某，在“大西洋淘气城”玩“海洋球”项目时，因跳越站立不稳被摔成右股骨折，当时，锦江百货有关人员陪同李某家长把孩子送往台州市中医院；在孩子医治过程中，双方因孩子受伤责任问题存在不同看法，无法就损失补偿问题达成一致意见，李某家长作为法定监护人把锦江百货推上被告席。

“淘气城”摔断腿，谁之过错

李某在向法院提交的诉状中诉称：二00一年五月二十七日，李某在其父母陪同下，到锦江百货“大西洋淘气城”玩耍，在支付十元门票费后，李某只身进入淘气城，不久，李某在玩“海洋球”项目时因双脚落地不稳，被摔成右股骨折，当晚被送往台州市中医院治疗。李某认为：双方之间建立的服务合同合法有效，锦江百货应针对未成年人这一特定对象提供周到、细心、完备的服务，由于锦江百货未履行上述义务，已构成对李某的侵权，故要求锦江百货支付医疗费、交通费、续治费、精神损害抚慰金等经济损失四万余元。锦江百货针对李某的诉称委托浙江利群律师事务所周显根律师出庭答辩认为：李某受伤，并非是锦江百货全部责任，李某自已本身也有过错并认为：1、锦江百货为李某提供的“大西洋淘气城海洋球项目”服务，其服务本身不存在任何的瑕疵；2、李某右股骨折，系李某在玩海洋球项目时，违反“禁止跳越”禁令标记，是其跳越行为进入海洋球时站立不稳所致；3、按大西洋淘气城须知规定：未满十五周岁的人进入“大西洋淘气城”，应由家长陪同，李某在玩海洋球项目时，其家长并未陪同；因而，本案李某也有过错。

法庭审理一波三折，李某出庭供述受伤经过

二00一年六月二十七日上午，椒江区人民法院公开审理李某诉锦江百货损害赔偿一案，李某的代理人和法定监护人在庭审中仍坚持已见，认为李某受伤，锦江百货应负全部过错责任并把诉讼请求从原来的四万余元增加到六万余元；锦江百货代理律师认为：本案李某受伤，李某也有一定的过错；双方在过错责任问题上，展开了激烈的辩论。法院为查清李某受伤事实，要求李某出庭陈述受伤经过。法官问：跳跳床、海洋球、禁止跳越，这几个字你认识吗？李某：点头表示认识。法官问：你是如何受伤？李某：是跳下去装去的，是第三次跳的时候装去的。李某的出庭陈述，证明了锦江百货提出的本案李某受伤，并非是“海洋球”服务项目本身所致，而是李某违反禁令标记跳越行为所致。

第一次庭审结束后，法官组织双方进行调解，因李某代理人及其父母要求锦江百货负全责致使调解未成。

期间，锦江百货代理律师与经办法官多次通话，希望本案调解结案，锦江百货代理律师认为：本案调解结案对双方都有利，锦江百货看法是本案李某受伤李某自已也有责任，这一观点，得到了承办法官的认可。可在法官协调过程中，李某一方在台州商报刊登了“淘气城里摔断腿，十龄童将锦江百货推上被告席”文章，文中除坚持自已庭审观点外，还指责锦江百货更换大西洋淘气城须知和不承担本案责任等不实内容，致使双方业已形成的和解氛围，被李某家人提供不实新闻素材的一篇报道所破坏。

李某伤逾，法院二次开庭，律师协助调解成功

二00二年四月二十七下午，法院在李某伤逾后，组织双方进行第二次庭审，李某在第二次庭审中又把赔偿额度增加到八万余元，双方在庭审中观点没有变化；开庭结束后，承办法官再次组织双方调解，调解时，锦江百货的代理律师与承办法官交换意见，认为本案不应作赔偿处理，而应作补偿处理。同时，锦江百货代理律师也与李某父母交换意见，指出李某受伤是李某自已跳越行为引起的，锦江货百在服务方面本身没有过错，造成的损失按公平合理原则，由锦江百货予以适当补偿，如你们坚持已见，则由法院判决，如调解成功，代理律师可做当事人工作，在给付补偿费方面可一次性支付。后经经办法官主持和律师的从中撮合，双方同意进行和解，由锦江百货一次性补偿给李某医药费、伤残补助费、续治费等损失四万八千五百元正，由李某在收到款项后向法院撤回诉讼。

日前，李某收到了锦江百货支付的补偿款，法院也作出撤诉裁定，一场本不应该发生的事情，在律师的协助下，使纠纷得以园满解决。

Zhou Xiangen

Taizhou Jinjiang Department Store is a large retail mall in our city. The third floor of the mall has the "Atlantic Naughty City", which is a paradise for children to play. On May 27, 2001, Li, who lived in Jiaojiang and was under ten years old, was playing the "Ocean Ball" project at the "Atlantic Naughty City" when he fell and broke his right thigh due to jumping and standing unsteadily. At that time, relevant personnel from Jinjiang Department Store accompanied Li's parents to send the child to Taizhou Traditional Chinese Medicine Hospital; During the process of treating the child, both parties had different opinions on the responsibility for the child's injury, and could not reach a consensus on compensation for losses. As the legal guardian, Li's parents pushed Jinjiang Department Store to the defendant's seat.

Who is the fault of the "Naughty City" who broke his leg

In a lawsuit submitted to the court, Li claimed that on May 27, 2001, accompanied by his parents, Li went to the "Atlantic Naughty City" of Jinjiang Department Store to play. After paying a ticket fee of ten yuan, Li entered the naughty city alone. Shortly after, while playing the "Ocean Ball" project, Li fell to the ground unstable and suffered a right femoral fracture. That night, he was sent to Taizhou Traditional Chinese Medicine Hospital for treatment. Li believes that the service contract established between the two parties is legal and valid, and Jinjiang Department Store should provide thoughtful, attentive, and complete services to minors as a specific target. Due to Jinjiang Department Store's failure to fulfill the above obligations, it has constituted infringement against Li, and therefore requires Jinjiang Department Store to pay more than 40000 yuan in economic losses such as medical expenses, transportation expenses, continuation fees, and mental damage compensation. Jinjiang Department Store has entrusted Zhejiang Liqun Law Firm, Lawyer Zhou Xiangen, to appear in court to defend against Li's claim. Jinjiang Department Store believes that Li's injury is not solely the responsibility of Jinjiang Department Store, and Li himself is also at fault. Jinjiang Department Store believes that: 1. The "Atlantic Naughty City Ocean Ball Project" service provided by Jinjiang Department Store to Li does not have any flaws in its service; 2. Li suffered a fracture in his right thigh, which was caused by Li's violation of the "No Jumping" ban mark while playing the ocean ball event. It was due to his unstable standing during his jumping behavior when entering the ocean ball; 3. According to the regulations of the Atlantic Naughty City Notice, people under the age of fifteen entering the "Atlantic Naughty City" should be accompanied by their parents. When Li was playing the ocean ball project, his parents did not accompany him; Therefore, Li was also at fault in this case.

The court trial was full of twists and turns, and Li appeared in court to confess his injuries

On the morning of June 27th, 2001, the People's Court of Jiaojiang District publicly heard the case of Li v. Jinjiang Department Store for damages. Li's agent and legal guardian still insisted on seeing each other during the trial, believing that Li was injured, and Jinjiang Department Store should bear all the fault responsibility and increase the litigation claim from the original amount of over 40000 yuan to over 60000 yuan; The lawyer representing Jinjiang Department Store believes that in this case, Li was injured and Li also had some fault; Both sides engaged in a heated debate on the issue of fault liability. The court, in order to investigate the fact of Li's injury, requested that Li appear in court to state the cause of the injury. The judge asked: Do you know the words' jump bed ',' ocean ball ', and' no jumping '? Li: Nodding indicates recognition. The judge asked: How did you get injured? Li: It was done by jumping down and pretending, it was done during the third jump. Li's appearance in court statement proves that the injury claimed by Jinjiang Department Store in this case was not caused by the "Ocean Ball" service project itself, but by Li's violation of the ban and marking of jumping behavior.

After the first trial, the judge organized a mediation between the two parties, but the mediation was unsuccessful due to Li's agent and his parents demanding that Jinjiang Department Store take full responsibility.

During this period, the acting lawyer of Jinjiang Department Store had multiple phone calls with the handling judge, hoping that the case would be resolved through mediation. The acting lawyer of Jinjiang Department Store believed that the mediation of the case would be beneficial for both parties, and Jinjiang Department Store believed that Li was also responsible for the injury in the case. This viewpoint was recognized by the court officials. During the judge's coordination process, Li's side published an article in the Taizhou Business Daily titled "A mischievous city broke his leg, and a ten year old boy pushed Jinjiang Department Store to the defendant's seat." In the article, in addition to insisting on his own view of the trial, he also accused Jinjiang Department Store of replacing the Atlantic mischievous city notice and not assuming responsibility for this case, which caused the already formed atmosphere of reconciliation between the two sides to be destroyed by a report by Li's family that provided false news materials.

Li was injured and the court held a second hearing, with the assistance of a lawyer for successful mediation

On the afternoon of April 27, 2002, the court organized a second trial for both parties after Li was injured. During the second trial, Li increased the compensation amount to over 80000 yuan, and there was no change in the views of both parties during the trial; After the trial ended, the presiding judge organized another mediation between the two parties. During the mediation, the lawyer representing Jinjiang Department Store exchanged opinions with the presiding judge, believing that the case should not be treated as compensation, but rather as compensation. At the same time, the lawyer representing Jinjiang Department Store also exchanged opinions with Li's parents, pointing out that Li's injury was caused by Li's own jumping behavior. Jinjiang Huobai was not at fault in terms of service, and the losses caused were compensated appropriately by Jinjiang Department Store based on the principle of fairness and reasonableness. If you insist on seeing already, the court will make a judgment. If the mediation is successful, the lawyer representing Li can do the party's work and pay the compensation fee in a lump sum. After being presided over by the handling judge and mediated by the lawyer, both parties agreed to reach a settlement. Jinjiang Department Store will compensate Li with a one-time compensation of 48000 yuan in medical expenses, disability subsidies, and continuation fees. Li will withdraw the lawsuit from the court after receiving the payment.

Recently, Li received compensation from Jinjiang Department Store, and the court also made a decision to withdraw the lawsuit. With the assistance of a lawyer, a dispute that should not have happened was resolved completely.