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The plaintiff sued a shopping mall and claimed that the defendant Liu was the internal insurance employee employed by the plaintiff. At two o'clock in the afternoon of the incident, Liu did not drive the Linde forklift without permission, causing the car to hit the iron railing at the safe exit, causing serious damage to the forklift. The plaintiff paid a repair fee of more than 43,000 yuan to repair the forklift. To ensure the normal operation of the mall, the plaintiff could only rent a forklift for a total of 90,000 yuan. The plaintiff's agent said that the defendant was required to compensate the economic loss of more than 52,000 yuan due to the damage caused by the defendant's fault.
The defendant Liu said that at the time he reported damage in the receiving department, he first used the forklift to shovel the items that need to be reported from the receiving department platform to the garbage bin, and then used the forklift to crush the damaged items. After the work was completed, he sent the forklift to the "empty packaging" parking space. When he braked on the brakes, he felt that the forklift had hit the iron railing at the safety exit. Liu said that he was in the process of carrying out his work tasks and there was no fault. The key of the forklift truck is managed by the receiving department of the plaintiff's shopping mall. The plaintiff said that he did not pass the license but gave the forklift key to him. Therefore, the plaintiff could not consider that he was not responsible for reviewing the management. He should be responsible for the accident, so he requested the court. The plaintiff’s claim was rejected.
The court held that during the work of the plaintiff's shopping mall, the defendant should bear certain responsibilities if he was not a forklift professional driver and did not have the qualification to drive a forklift. However, as the owner and manager of the vehicle, the plaintiff did not promptly stop the correction of the illegal driving of the employee, and did not fulfill the management duties, and should bear the main responsibility for the accident. Therefore, the plaintiff and the defendant should be shared according to the primary and secondary responsibilities for the losses caused by the accident. (End) (Reporter Zhang Jiamin)
Unlicensed forklifts caused tens of thousands of losses
Xinhuanet Tianjin Channel March 15th, a mall employee, in the absence of driving qualifications, driving a forklift to crush the damaged items, did not want to hit the iron railing when returning to the forklift. The mall spent more than 40,000 yuan to repair the forklift, and spent more than 90,000 yuan on the rental forklift. A few days ago, after the trial, the Hongqiao District People's Court of Tianjin determined that the employee should bear 40% of the loss of the mall, that is, compensate the mall for RMB 21,000.