A 15-year-old girl tragically fell to her death from the 5th floor of her apartment building while attempting to return a package, prompting her parents to file a lawsuit against the delivery company. The Intermediate People's Court of Guyuan City (Ningxia Hui Autonomous Region) recently announced its appellate verdict on 20/9, determining that multiple parties, including the delivery driver, his employer, the girl's mother, and the victim herself, shared responsibility for the incident.
The incident began when Ms. Truong purchased a pair of jeans online. As the item did not fit, she initiated a return through a home collection service. Upon arrival at the residential complex, the delivery driver, Mr. Luu, agreed to Ms. Truong's suggestion to throw the package down from the upper floor. Ms. Truong then instructed her daughter to stand on a tatami platform and throw the package out the window. The girl tragically lost her balance and fell from the 5th floor to the ground, succumbing to her injuries after being rushed to the emergency room.
Following this devastating event, the Truong couple filed a lawsuit against the delivery company, seeking over 744,000 CNY (approximately 2.8 billion VND) in compensation. The court of first instance initially ordered the company to pay over 211,000 CNY (over 800 million VND). Dissatisfied with this ruling, the Truong couple appealed the decision.
The appellate court's review highlighted the shared culpability. The court determined that the delivery driver failed to fully perform his contractual obligation for home collection. When Ms. Truong proposed the dangerous act of throwing the package from the 5th floor, he did not decisively refuse, provide necessary safety warnings, or intervene. His failure to exercise reasonable care for safety meant that the company, as his employer, must bear corresponding compensation responsibility.
Furthermore, Ms. Truong, as the guardian, was found to be seriously at fault. She instructed her underage daughter to stand on the tatami platform to throw the package. The court stated that Ms. Truong should have foreseen the danger this instruction posed, particularly with her daughter leaning out the window. Her failure to fully fulfill her guardianship duties and ensure safety as required by law was deemed the primary cause of the accident, making her responsible for the majority of the civil liability.
The victim, being 15 years old at the time, was also found to bear some responsibility. The court noted that she should have been aware that throwing objects from a height could lead to serious consequences, including falling. By performing this dangerous act and failing to reasonably ensure her own safety, commensurate with her cognitive abilities, she contributed to the resulting harm.
Ultimately, the appellate court affirmed the first instance judgment's apportionment of responsibility as appropriate but adjusted the delivery company's compensation amount after re-evaluating the case details. The court determined that the delivery company was 30% responsible, corresponding to a compensation amount of over 296,000 CNY (approximately 1.1 billion VND). The company had already paid 200,000 CNY and was required to compensate an additional over 96,000 CNY according to the appellate ruling.
Tue Anh (according to Hongxing News)
