Woman fell from upstairs while viewing a property and became paralyzed; she sued the responsible party for 6.39 million

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Zhang Lin from Haikou is a mother of two children. One day in 2015, while accompanying her mother to view a split-level apartment, she accidentally fell from the second floor of the building, resulting in spinal cord injury that led to paralysis; this was classified as a first-degree disability. She was hospitalized for 51 days, during which the medical expenses amounted to 110,735.97 yuan. Subsequently, Zhang Lin sued the real estate agency and the property owner in court, seeking compensation of 6.39 million yuan. How did the court rule? Please keep reading. (The names of the characters in this story are pseudonyms.) She took a fancy to a duplex with a mezzanine floor; while viewing the property, she accidentally fell from the second floor and was injured. Zhang Lin lives in Haikou, and buying a house is her dream. One day in 2015, she came across information online about a property at unit 108 on the 10th floor of a residential complex in Haikou. The layout and price of the apartment seemed suitable, so Zhang Lin decided to go and see it in person. It is reported that the owner of Room 108 is Wang Shuo. In October 2014, Wang Shuo’s parents sent a photocopy of the property certificate for Room 108 by email to the real estate agency Hainan Bai Nian Hong Real Estate Marketing and Planning Co., Ltd. (hereinafter referred to as Bai Nian Hong Company), asking the company to help find a buyer for the property. In April 2015, Wang Shuo, through his father Wang Qin, hired decorators such as Zhang Dong to renovate Room 108. Since the property is a mezzanine-style duplex, there is no proper passage from the first floor to the second floor; therefore, the decorators carved a hole in the second floor to use as a means of constructing a staircase that would connect the two floors. Until the construction of the stairs is completed, a bamboo ladder will be used temporarily as a makeshift passage to connect the first and second floors of Room 108. On the morning of April 25, 2015, staff from Bai Nian Hong Company informed Wang Qin that she needed to take Zhang Lin to view the property, and asked Wang Qin, \"Are there workers working there?\n ”Wang Qin replied that there should be ones, and provided the staff with the contact information of the decorator, Chen. On that day, no work was being carried out in Room 108. When Zhang Lin, her mother, and Li, a staff member from Bai Nian Hong Company, arrived at Room 108, Chen was not there; therefore, there was no one inside the room, though the door was open. Zhang Lin and Li entered Room 108 directly. With Li’s persuasion and assistance, Zhang Lin climbed up the bamboo ladder wearing high heels to the second floor of Room 108. While viewing the property on the second floor, Zhang Lin stepped on the cover over a hole in the floor there and fell through the hole to the first floor, sustaining injuries. Subsequently, Zhang Lin was moved by Li to the lawn on the first floor from Room 108 on the 10th floor to wait for an ambulance, and was taken to the hospital for treatment on the same day. She was discharged after 51 days, with total medical expenses amounting to 110,735.97 yuan. On January 21, 2016, at Zhang Lin’s own request, Beijing Mingzheng Judicial Appraisal Center conducted an assessment of Zhang Lin’s disability grade, degree of care dependency, and subsequent rehabilitation costs. Upon assessment, Zhang Lin’s paraplegia resulting from spinal cord injury is classified as a first-degree disability. Subsequently, Zhang Lin sued Wang Shuo and Bai Nian Hong Company, seeking compensation for medical expenses, lost wages, and other costs totaling 6,390,787.49 yuan. Unsatisfied with the first-instance judgment, the intermediary company and the property owner filed an appeal. The People’s Court of Meilan District ruled in the first instance that Wang Shuo and Bai Nian Hong Company should each pay Zhang Lin compensation of 826,903.45 yuan (excluding damages for mental distress) ； Wang Shuo and Bai Nian Hong Company each paid Zhang Lin 25,000 yuan as compensation for mental distress. Following the court’s judgment, both Wang Shuo and Bai Nian Hong Company disagreed with the first-instance decision and filed appeals with the Haikou Intermediate People’s Court. Wang Shuo argued that Zhang Lin was injured, he bore no fault of his own, and therefore had no civil liability toward Zhang Lin. Li and Zhang Lin entered a private residence without permission and when no one was inside, which constitutes a serious illegal act; Wang Shuo has no obligation to provide them with safety protection. Bai Nian Hong Company argued that it was neither at fault nor negligent, and therefore should not bear any liability for compensation. As an intermediary company, Bai Nian Hong Company was unaware of the safety hazards existing in the buildings. As an adult, Zhang Lin failed to pay attention to safety while inspecting the house, which was a key factor contributing to the injury. The second-instance judgment: the property owner must pay over 1.32 million yuan, while the real estate agent must pay over 990,000 yuan. The Haikou Intermediate Court held that Zhang Lin’s disability resulting from a fall from upstairs was not the result of any individual’s intentional action, but rather the outcome of multiple contributing factors of negligence. In this case, Wang Shuo, Bai Nian Hong Company, and Zhang Lin are all liable for the occurrence of the damages. Therefore, the judgment of the first instance that Zhang Lin’s total losses due to disability amounted to 3,307,613.78 yuan is in line with the facts and legal provisions, and should be upheld by this court. However, the proportion of responsibilities assigned to each party is incorrect, and this court should make adjustments: Wang Shuo shall bear 40% of the liability for infringement, Bai Nian Hong Company shall bear 30% of such liability, and Zhang Lin shall bear 30% of the responsibility herself. The Hainan Intermediate People’s Court issued a final judgment ordering Wang Shuo to pay Zhang Lin compensation in the amount of 1,323,045.52 yuan ； Hainan Bai Nian Hong Real Estate Marketing Planning Co., Ltd. paid Zhang Lin compensation in the amount of 992,284.14 yuan.