If it can be proved that the mall management was negligent and its public restroom floor was not regularly cleaned to prevent slipping, the mall might have to bear at least 50% of the tort liability. If the mall management was impeccable and there were no slip hazards on the public restroom floor, a fall would be considered self-caused, yet the mall would still bear 10% of the tort liability. Ten thousand yuan in compensation would be required. The rest of the responsibility would fall on the person who slipped and fell.
As for the property management during this time, their management was impeccable, demonstrating due diligence. There were no apparent cases of careless or neglected management. Therefore, for this incident, they would need to bear a maximum of 10% of the tort liability.
10% liability? He Bimin swallowed hard, suddenly feeling incredibly fortunate. If it weren't for Qin Mu, this thorn in their side, their property management would probably still be as casual and perfunctory as before. The responsibility they would have had to bear would definitely have been more than 10%.
"Brother, you're so knowledgeable about the law. What do you think we should do now if this family won't pay up? Should we call the police?"
The eight other car owners, whose vehicles had been damaged, also felt enlightened and pressed for more information. Bai Shuirong's attitude infuriated them. It was their cars that were damaged, yet it had somehow become their problem. The other party kept insisting that the child had no capacity for civil liability and clearly didn't want to pay compensation.
"Children under the age of eight indeed have no capacity for civil liability," Qin Mu thought for a moment and continued, "It's true the child doesn't have to pay, but that doesn't mean his guardians don't."
"Under the law," Qin Mu explained, "individuals are categorized by their capacity for liability. Those under eight years old have no capacity for civil liability, while those over eight but under eighteen have limited capacity. For criminal liability, those under twelve have no capacity; those between twelve and fourteen have limited capacity; and those over fourteen are liable for certain specific crimes. However, because they are minors, they legally receive a lighter punishment. The maximum statutory penalty—death—is not applicable to minors. Regardless of the crime, the most severe sentence a minor can receive is life imprisonment."
"He continued, 'Regarding civil liability specifically for those under eight, they do not bear any tort liability themselves. According to the Civil Code, if a minor in this age group causes loss to a victim, compensation is due. If the minor's own property is insufficient, their parents or other guardians must cover the remainder.'"
"In this case, the child's actions constitute a criminal offense. Damaging public or private property to a significant extent can constitute the crime of property damage. The damage to your property has accumulated to several hundred thousand yuan, which fully meets the standard for filing a case. However, since the perpetrator is six years old, he does not bear criminal liability. Civil liability will be transferred to his parents or other guardians."
"The other party has to bear at least 90% of the tort liability. If they refuse to compensate, calling the police is actually useless; the most effective course of action is to go to court."
Qin Mu then further analyzed the case. "The perpetrator is a minor. Calling the police would fail to meet the conditions for filing a case; the police would, at most, attempt to mediate the dispute. However, Bai Shuirong has already made it clear that she has no intention of paying compensation. Mediation is useless. The best approach is to sue the other party directly."
Sue? The eight people exchanged glances. They couldn't help but laugh bitterly. "But we have no idea about the lawsuit process." They were completely clueless about it.
Upon hearing this, He Bimin couldn't help but glance at Qin Mu. The corner of his mouth twitched slightly. In Jin City, there probably isn't anyone who understands the lawsuit process better than Qin Mu.
"No worries, I have some understanding," Qin Mu smiled. He began to explain the methods for protecting their rights in this case to everyone. "When it's not possible to file a criminal case, calling the police is just a detour. The direct approach should be to sue in court and let the court's decision speak. If the other party refuses to comply with the court's judgment, they may be committing the crime of refusing to execute a judgment. In terms of administrative penalties, they will be added to the list of dishonest persons. For those on this list, restrictions include prohibitions on taking airplanes and high-speed trains, traveling in soft sleeper train cars, staying in star-rated hotels, purchasing property, buying vehicles, and sending their children to private schools."
"Everyone should first write out their individual complaints and litigation demands clearly and organize all the evidence. We'll go to court tomorrow morning."
Finally, Qin Mu added the contact information for the eight individuals, sent each of them a complaint template, and informed them of the requirements for filling it out. "Their case counts as a joint lawsuit with multiple plaintiffs and will be heard as a single case. However, each person's litigation demands must be clearly stated, including photographs of the scratched vehicles, repair details, and other evidence, all of which are essential for the court hearing."
We can also claim for emotional distress and loss of earnings? The eight people, having listened to Qin Mu's explanation, were once again surprised.
"That's right," Qin Mu nodded. "On top of the damage to the cars, each person can claim an additional ten to twenty thousand yuan in compensation. In civil litigation, it's not excessive to ask the other party for compensation for emotional distress, loss of earnings, and nutrition fees. This is within legal limits. This means if the other party refuses a private settlement, they will have to bear an additional compensation of around two hundred thousand yuan! After losing the lawsuit, they will also have to pay the litigation costs for all nine plaintiffs. All in all, the situation couldn't be resolved with a mere seven or eight hundred thousand yuan!"
「Property Management Center.」
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