Barber shop staff said that "it is normal to cut ears"
? According to the hospital diagnosis, the skin defect of Wu Shi's right earlobe is 0.5× 1.0cm, and the cut skin size is 0.4×0.8cm, while the surgical incision is a permanent incision, which will leave a permanent scar. On April 8, after the stitches were removed, Wu Shi and several colleagues went to the hair salon and asked the store to apologize and compensate. "I didn't expect the attitude of the store to make a 360-degree turn." Wu Shi said.
In a video shot by a friend, Yu Yongsheng, a hair salon legal person, said that the responsibility for this matter lies with the stylist Lili, and the store is not responsible. In addition, it is not surprising that an employee of the store actually said that earlobe cutting is normal in the hairdressing industry. The police who arrived later took the personnel from both sides to the police station.
The store expressed its willingness to pay according to the "regulations"
During the police mediation, Wu Mou's benefactor Zhang Dianfang should pay 654.38+10,000 yuan, while the store insisted on paying a maximum of 3,000 yuan. "We can't accept 65438+ 10,000 yuan, otherwise the barber shop business will not be done." 1 1 In an interview with a reporter from Bao Jing in the afternoon, Yu Yongsheng said that during Wu's medical treatment, the travel expenses and medical expenses totaled 3,500 yuan, which was paid by the store on the spot. The compensation of 3,000 yuan was based on the figures obtained when searching for similar incidents in other hair salons, which was an industry precedent.
"The figure of 65,438+10,000 is calculated by lawyers, not by myself." Wu Shi also said that it includes lost time, compensation for mental damage and follow-up medical expenses. She learned from the hospital that scars can only be covered by special cosmetic surgery. The cost of an operation is about 20 thousand, and it will be done again every one or two years, otherwise it will be invalid.
Lawyers advise consumers to enhance their "awareness of proof"
On April 8, the two sides made a record at the Guiyuan police station and left one after another. Due to the large difference in the amount of claims between the two parties, the coordination failed.
In the next two days, accompanied by Wu Shi, two columns of Shenzhen TV Station went to the barber shop for an interview, but both were rejected by the store. In both interviews, the store called the police on the grounds of interfering with normal business. "After the police arrived, they conducted mediation and advised (Wu Shi) to defend their rights, but not to interfere in business." Yu Yongsheng said.
It is worth mentioning that the barber shop and hair stylist involved have never signed any agreement. Wu Shi questioned the qualification of the hairdresser in the shop. In this regard, Yu Yongsheng said that he would fill in the contract and other procedures with relevant personnel as soon as possible.
Zhu Chunli, a lawyer of Beijing Han Wei (Shenzhen) Law Firm and a member of the Administrative Law Committee of the National Lawyers Association, told Bao Jing that in this incident, the responsibilities of barbershops and hairdressers are very clear. According to the Consumer Protection Law and other relevant judicial interpretations, Wu Shi should be compensated for its losses. However, compensation for mental damage must have a disability certificate, and it is difficult to get legal support at present.
Zhu Chunli said that consumers should strengthen their awareness of evidence, such as evidence of injury. It is suggested to give priority to the police when the incident occurs and use police records and transcripts to testify; In addition, the causal relationship between related losses and events, amount, etc. All need clear evidence.
"Generally speaking, consumers who encounter such incidents have a weak sense of proof, which has laid the foundation for subsequent rights protection." Zhu Chunli said.