Who Loses The Shoes If They Lose Their Shoes?
At 6 in the evening of December 17, 2007, the plaintiff Zhang (31 years old) went to the defendant's office to participate in yoga training on the basis of the yoga experience card provided by the defendant.
At 9 p.m., at the end of the training, when the plaintiff returned to the defendant to take part in the locker provided by the trainer, he found that the plaintiff wore 1386 yuan leather boots missing.
The defendant only apologized and refused compensation.
The defendant argued that the plaintiff did not have sufficient evidence to prove that the amount of damage and loss he had suffered was specific.
Plaintiff loss is the plaintiff's own responsibility.
Our service has done its duty to refuse compensation.
After investigation, the plaintiff locked his clothes in the locker and placed his shoes on the open shelf below the cabinet.
After the alarm, police at Zhonghua Road police station of the peace sub Bureau issued a police confirmation that the plaintiff lost a pair of shoes at the defendant's office.
The same value.
It was also found that the defendant provided the locker for the customer, and the lock was made by the customer himself. Under the wardrobe was the open shoe and sundry rack. The defendant was hung with warning signs on the wall of the dressing room. The contents were: to protect your personal belongings, please lock your personal belongings in the locker or carry it with you. Thank you for your cooperation.
The court held that the plaintiff took part in the free yoga training to the defendant, and established a training relationship between the original defendants and the two sides.
The defendant provides a free locker for customers, requiring customers to lock their belongings and keep their belongings, and the defendant has warning signs in the shop to remind customers to keep their belongings well.
As a custodian, the defendant should properly keep the plaintiff's goods, but because the defendant's training services and safekeeping are free of charge, it is unfair for the defendant to make the defendant bear all the liability for compensation.
The plaintiff also has a proper duty to keep his belongings. The plaintiff did not lock his shoes into the wardrobe, which did not fulfill the duty of care that ordinary people should pay.
The company decided to compensate the plaintiff for 550 yuan.
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