Can gentle reminders avoid responsibility?

Can a warm reminder avoid liability?

Can businesses be exempted from liability by posting a “warm reminder”? Lawyer: Unilateral exemption from liability is not absolutely valid

Answered on 2014-11-18

“The restaurant did not clean up the water stains on the floor, the customer fell, and the business actually put up a warm reminder sign Shirking responsibility..." A few days ago, a netizen reported this matter on an online forum. It is understood that in winter, there is a large temperature difference between indoors and outdoors. When many citizens enter public places such as shopping malls and restaurants, they are prone to falls and injuries due to slippery soles and slippery floors. Once an accident occurs, the merchant will point to the "Slip with caution" sign and refuse to take responsibility.

Faced with such incidents, most citizens are confused. Is it possible that as long as a warm reminder is posted in public places, no matter what happens, they can be exempted from liability?

Case

The merchant refused to compensate after a mobile phone was lost in a restaurant

Not long ago, Ms. Gong, a citizen, and her family had dinner at a restaurant near Tieniu Plaza. Since the indoor temperature was relatively high, Ms. Gong took off her coat and placed it on the back of the chair, and put her mobile phone in her coat pocket. During the meal, the restaurant waiter did not put on the chair cover for Ms. Gong as required. It was not until Ms. Gong left that she discovered that her mobile phone had been stolen.

“Ms. Gong was sitting close to the gate at that time, and there were many people coming in and out.” The police from the Second Brigade of the Patrol Special Police told reporters that they immediately recorded the case after arriving at the scene. Ms. Gong believed that the restaurant should be responsible for the safety of its own property when she was dining in the restaurant, and that the restaurant waiter was at fault for not putting on the chair covers.

However, the person in charge of the restaurant pointed to the "warm reminder" on the wall that "Please take care of your personal belongings. If they are lost, we will not be responsible" and said that the restaurant had fulfilled its obligation to remind you in advance. Guests should keep their belongings safe. If lost, the restaurant has nothing to do with it. After coordination, the restaurant gave Ms. Gong a discount on dinner, and the two parties ended the quarrel.

“There were also incidents where the restaurant said that it had posted a warning on the door saying ‘Be careful if the road is slippery. If you fall, you will be responsible if you fall’ and was unwilling to compensate for falling in a restaurant, leading to quarrels.” The police said that some citizens’ injuries were not serious. , so most of them are left alone.

Visit

Businesses and citizens hold different opinions

Can such "warm reminders" exempt merchants from liability? The reporter visited many restaurants and shops in the city and interviewed some businesses and citizens.

The reporter found that almost every restaurant of a certain size has a "Slip with caution" sign posted or erected in it. On the walls of shops concentrated in the city center, "We are not responsible for the loss of property." The words are everywhere. "With this reminder sign, if something goes wrong it is not entirely our responsibility." A person in charge of a hot pot restaurant told reporters that the store has fulfilled its obligation to remind the customer, and the customer's accidental fall has nothing to do with the hot pot restaurant. .

Some merchants also said that they would still pay attention to the situation in the store even if they posted "warm reminders". Some merchants said that warning signs serve as a reminder. If a customer falls or loses property in the store, few people will file for compensation if they see the warning sign. If there is no warning sign, most people will definitely ask the store to take responsibility. "Of course, if it is indeed due to negligence in the store's service that causes losses to customers, we will still take the initiative to bear part of the responsibility."

Mr. Wei, a citizen who has experienced such an encounter, said that when customers arrive, When making purchases in restaurants or shops, merchants should protect the personal and property safety of customers. The "warm reminder" attitude of "not responsible" is too strong and unacceptable.

Ms. Li, a citizen, feels that as long as the merchants take safety measures and remind them, if a customer has a problem or accident, the entire responsibility should not be passed on to the merchant.

Lawyers

Unilateral exemption of liability by merchants is not absolutely valid

“Warm reminder” has become a reason for some operators to shirk their responsibilities. Is this method recognized by law? ? The reporter consulted Sichuan Ruiqiao Law Firm