customers in the restaurant dining, the LV bag left lying on the seat, although the waiters keep the package in time, but it was another customer impersonator go. Court restaurant should bear the liability. Dining parties to appeal, the Beijing Second Intermediate Court trial has recently been the case. For this
core events
poor restaurant kept losing money
evening of April 15 last year,Canon EOS 1D Mark IV, the director Jiang Xinxin mouth of the fish with friends in Hong restaurant, because a friend sent out,hp EB 8460P, LV briefcase on the seat on the left, along with Keep the change does not take 25 dollars. When he came back after half an hour, and all food items found in the table have been taken away. He found the desk and was told that items have been the guests away. Restaurant surveillance video shows the next night dining in Jiang Xinxin into one of three customers who return to a restaurant, the package led away.
Jiang Xinxin will then be prosecuted to the East Court restaurant, that restaurant will be placed on the desk in their goods, there is good care obligations. The package built 1.8 million in cash, SD memory card,Sony HDR-CX7, designer glasses and clothing, there are a lot of video memory card data, including some of the passion of the screen shot, if into the community will be adversely affected. Jiang Xinxin ask the restaurant nearly 50,000 yuan compensation for economic losses.
chewing fish restaurant that Jiang Xinxin forget to pack away and leave for 40 minutes, is the reason for its loss. Restaurant tips have been posted informing customers should protect your property,Panasonic AG-HVX200, the waiter under no obligation to look at the package. Restaurant on the collar pack for a simple verification of the customer. Court that, Jiang Xinxin will briefcase lost in the restaurant,hp 2540P, the staff should be properly kept after Lost. However, others falsely claimed the package, not entirely to the But Jiang Xinxin not fulfill the corresponding duty of care, the occurrence of the matter also has a corresponding fault. Ultimately, the court restaurant compensation Jiang Xinxin loss of 4,000 yuan.
after the announcement of the verdict, a restaurant and that the results expressed dissatisfaction appeal.
correspondent return visit
obligations of the parties has done to the restaurant, said
mouth of the fish restaurant is located in Hong Gui Street, the reporter interviewed recently came to the restaurant. Restaurant waiter said that although Shuliaoguansi we feel wronged, but the customer left behind items, restaurant waiter discovered, will be submitted to the foreground is still kept waiting for the customer to claim. However, the waiter said, the customer lost items to hats, scarves and other small items mainly left lying on the package is still relatively small.
restaurants official says, for packet loss events, they also have their own view that Jiang Xinxin the packet is lost, do not adhere to the public security organs cracked, the pursuit of the criminal responsibility of those who falsely claim, but it is shift restaurant for civil action. In this regard, Jiang Xinxin explanation is that if the day does not solve the case the public security organs, the whereabouts of his restaurant on the day can not be rights, taking into account the detection of cases will affect the civil trial, so he gave up filing.
restaurant has insisted that the waiter to do the duty of care, Jiang Xinxin leave will also change for the 25 dollars on the table, the waiter kept together, impersonator who also said of the change for the of money, it will be contracted out to a waiter who impersonator. Restaurant said, asked the waiter to open package inspection, is unrealistic, the guests are disgusted with their privacy being violated.
restaurant’s surveillance video shows, impersonator who is a customer in the restaurant dining, sitting on the seat next to Jiang Xinxin. Impersonator and the other two after dinner, has been in the cards, until Jiang Xinxin left three people to leave, then return to one restaurant, led away the package. Restaurant in that they are now collecting clues to the community, want to have insider can provide clues to soon catch impersonator who.
judge interpretation
restaurant custody ineffective significant fault
first instance, the interpretation of East Court judge handling the case the reasons for the verdict. Judge handling the case said that from the restaurant’s surveillance video showed the waiter picked up Jiang Xinxin in the package, it’s out on the desk surface, anyone can see packet characteristics. Impersonator who appears, pointing to the packet to indicate to the waiter, the waiter did not ask the characteristics of links, who immediately gave the impersonator. From the realistic point of view, not doing good restaurant manager duties, this is the case, the key responsibility of ruling restaurant.
judge explained, from a legal perspective, the duty of care is divided into three categories, general manager, the same managers and good managers. Three types of duty, the good manager’s duty of care required to make up. The reason why a good restaurant manager, because it should have some knowledge and experience,Sony HVR-V1U, and their job-related, someone to lead the pack when the waiters need to verify the package’s features in detail to verify the bag of items. In other words, a restaurant waiter to do the duty of care required, much higher than the general public.
the present case is concerned, the court ruling, because Jiang Xinxin no items placed within the package of evidence, not to support Jiang Xinxin package items for the demands of the claim, only the value of their discretionary decision package Restaurant compensation.
judge recommended that the restaurant in a clear bag to verify the characteristics and package goods, if the lead pack as to who can check on the missing items can be returned. Restaurant can create the appropriate registration system, so that the registration of the corresponding lead package ID, the signature collection.
supposed to return money at risk?
If the package also picked up the wrong people are good intentions to do wrong, it is now sentenced to pay the damages,Sony PMW-EX3, whether picked up the package also allows restaurants and other establishments, to maintain the good will it? Reporters recently visited the capital of the size of the restaurant, the other restaurant items for pick up customers left lying on ways to deal with, and attitude for the verdict.
Reporters survey
chilling can not send a good thing really did
newspaper newspaper said, The property will be in front of more than the absence of staff, came to claim the package back to the people. If valuables, it must have a police presence. why this package could be so wrong to be led away it ? feel … … like a made a bureau ah. Museum of traffic, often falls on the customer to something here. may mostly repeat customers, we and the guests are familiar, and if things picked up, one can know who. things, the occasional p>
negative faction lost it altogether forget
Bay near a child snacks Chongqing waiter introduced himself had encountered passing people lost cell phone, wallet and the like. feel like the case of a large package goods, is somewhat harder you intact to him, but he still say that something less, you have to compensate, might as well forget it altogether lost. p>
While some restaurant waiter to say,hp IDS 2540P, but only vent emotions, did not really put into action. trust, become repeat customers.
reporter learned that,Sony Handycam DCR VX2100, due to the small privately owned restaurant, and monitoring safety conditions are not as complete as great restaurants, some restaurants have encountered is and there have been no return of the wrong things, and no one lost anything because of their own in the restaurant, the restaurant finally get compensation.
actively send the first restaurant to do their work
and some high-end restaurants, due to strict management system, pick up items left behind after the how to deal with complete requirements.
Not long ago, being cheap Square store had once picked up a guest’s wallet, including 10,000 yuan in cash. Little things like mobile phones, mobile phones to check with the customer’s phone number, if it is large pieces of luggage,Panasonic AG-HMC40, shall contact the police, in the case of the police to the scene to verify which of the items, and then returned to the owner. Group introduced a staff member. As for the court’s decision, . in order to see which belongings.
for the court’s ruling, a number of upscale restaurants in the relevant responsible person said, as a peer, the result of compensation to the restaurant, certainly not conducive to future similar cases to preserve the interests of the restaurant, but the other , if the restaurant can do even more perfect, more cautious, it will not appear impersonator consequences.
Comment
before the police to solve the problem
newspaper reports are reproduced,Panasonic AG DVX100B, many users have left comments in the press his views . Most users expressed support for the restaurant, not quite agree with the results of judgments restaurant compensate customers.
Words are also more intense users that their future can only be experienced rather pretended such things, Province, a lot of trouble. on-site investigation.
for this argument, some users also do not think is considered very good idea. Pick up something to return, such a thing dependent on the police, it also shows what moral turpitude?
expressed concern that there are a lot of friends, some even imagine, after Pengci too easy, the first packet lost in the restaurant deliberately, so do not let the second person to monitor his associates stole the attention, and then let the third one associates impersonator, success went to a restaurant claims, losses did not fail,Canon GL1, continue to lie under one.
also have friends to support the judge’s decision,Canon EOS 7D, under the contact. their obvious duty, restaurants do not accept any responsibility.
Wong in a roast duck restaurant dining, the coat hanging on the back of a chair, restaurant waiter Weiyi regular clothes on the back covering, nor Mr. Xiang Huang shows that the final checkout yellow Mr. T-shirt found in the stolen wallet, purse 2500 yuan in cash and bank cards and documents. After the accident, Mr. Wong called the police immediately and call the bank phone loss treatment. Fengtai Public Security Bureau after the filing identified by the thief after purse stolen credit card directly to the consumer a variety of occasions, resulting in loss of 88,000 yuan Huang bank account. After the accident, the plaintiff and the defendant repeatedly consultation,Apple MacBook Pro 2007 Edition, although the restaurant but refused to admit the existence of fault compensation. As a result, Wong sued for compensation for economic losses 44,000 yuan restaurant. Restaurants do not agree with Mr Wong’s appeal, Mr. Huang wallet for cash losses in the 2500 yuan to 1250 yuan compensation agreement.
Court that the present case the infringer is a suspect rather than the hotel, restaurant asked to provide security services are beyond its ability to not comply with civil law principle of fairness requires hotel staff responsible for monitoring facilities accurately distinguish suspects and to provide security services for customers clearly beyond its capabilities. Although the chair cover can play a security role in an objective, but its design does not use security, has not required that the food service unit to provide chair cover. In addition, the plaintiff will be put together with the bank card password and not in a timely manner after the discovery of stolen report the loss to the banks for bank card,Canon EOS 7D, its loss should be held accountable for theft. The court ultimately rejected Wong’s demands.
Morning News chief correspondent Wang Bin
correspondent Zhang October
■ Correspondents Notes
doing the right thing, not unworthy
do wrong kind of experience, estimated that each person have had, but carefully recall,THINKPAD T400S, we therefore take over responsibility? The restaurant picked up the handbag, was sentenced to liability, although many people do not understand, but this is the law.
this case after the report,Panasonic AG HMC70, led to a number of pessimistic, thinking that as long ago as the arm can not fall for the elderly, people fall out of the property, do not care nosy,Dell XPS 15-L502X, so kindly do wrong . Can not agree with this view,Panasonic HDC-SD100, although the results of the second trial is currently unknown, but one thing we have to determine is that when good people do good atmosphere can not be changed. Like many restaurant folks said, though my heart feel depressed, the property left behind after the encounter guests, or to take good care,Sony HVR-A1U, waiting for customers to claim, there will never ignore the existence of backpack, fear bear responsibility.
this attitude makes us very happy, we must not unworthy, everyone should re-integrity,Panasonic AG HVX200A, honesty, morality is the spirit of our city,Panasonic AG HVX205A, which is the need to promote each of our Beijing the spirit.
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