Return Case ListInfringement Compensation

In a product liability dispute in Xiamen, the court ordered the manufacturer and seller to compensate the consumer for various losses totaling 12 ten thousand yuan.

Case Summary

In 2024 2, Plaintiff Lin purchased an electric water heater manufactured by Defendant Guangdong Appliance Company from Defendant Xiamen Appliance Mall for 3000 yuan. On 2024 3 15, while Plaintiff Lin was using the water heater to shower, it leaked electricity, causing electric shock and injury. The plaintiff was hospitalized for 15 days with medical expenses totaling 2 ten thousand yuan. According to judicial appraisal, the plaintiff suffered a Grade 10 disability, with a work interruption period of 90 days, nutritional support period of 30 days, and nursing care period of 30 days. Testing conducted by the Xiamen Product Quality Supervision and Inspection Institute revealed that the water heater's insulation performance failed to meet mandatory national standards, constituting a serious quality defect directly responsible for the leakage incident. Consequently, the plaintiff filed a lawsuit against Defendant Guangdong Appliance Company and Defendant Xiamen Appliance Mall, seeking compensation for medical expenses, lost wages, nursing fees, transportation costs, hospital meal allowances, nutrition fees, disability indemnity, mental distress damages, property losses, and other related losses, totaling 12 ten thousand yuan.

Key Dispute

1.Does the electric water heater involved in the case have a quality defect?

2.Should Defendant Guangdong Certain Appliance Company, as the product manufacturer, bear liability for product infringement?

3.Should the defendant, Xiamen-based appliance retailer [Brand/Store Name], bear joint and several liability for damages?

4.Are the claimed damages reasonable?

Case Strategy

1.Fixed product purchase receipts, product quality inspection reports, hospital medical records, medical expense invoices, discharge summaries, judicial appraisal opinions, proof of lost wages, nursing fee invoices, transportation fee invoices, and other core evidence.

2.Evidence from testing by the Xiamen Product Quality Supervision and Inspection Institute shows that the electric water heater involved in this case fails to meet national mandatory standards for insulation performance. This serious quality defect was the direct cause of the electrical leakage incident.

3.Under the Civil Code, producers shall bear tort liability for damage caused to others by defects in their products.

4.If a product defect arises from the seller's fault and causes harm to others, the seller shall bear tort liability.

5.If a seller cannot identify the producer or supplier of a defective product, the seller shall bear tort liability.

6.Calculate the plaintiff's claimed losses: medical expenses 2 ten thousand yuan, lost wages 1.5 ten thousand yuan, nursing fees 0.6 ten thousand yuan, transportation costs 0.2 ten thousand yuan, inpatient meal allowance 0.15 ten thousand yuan, nutritional fees 0.3 ten thousand yuan, disability compensation 6 ten thousand yuan, mental distress damages 1 ten thousand yuan, and property damage 0.3 ten thousand yuan. Total: 12.05 ten thousand yuan. The plaintiff claims 12 ten thousand yuan, which is reasonable.

Processing Result

The court ruled that Defendant Guangdong [Appliance] Company shall compensate Plaintiff Lin for all losses totaling 12 ten thousand yuan within ten days of the judgment taking effect; Defendant Xiamen [Appliance] Mall shall bear joint and several liability for compensation. Both defendants shall bear all litigation costs and appraisal fees in this case.

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