千万粉丝博主办展,4斤重黄金凤冠被男童损毁
A video posted by Chinese influencer Zhang Kaiyi has sparked widespread attention after her two-kilogram gold phoenix coronet was damaged during a free public exhibition in Beijing when it was accidentally knocked over by a young boy.
Released on Saturday, the video includes surveillance footage from the exhibition space. The coronet was displayed on a platform about one meter high and covered by a transparent case. An adult and a young boy were standing beside the exhibit, with the adult taking photos. The boy appeared to blow air onto the cover and then wipe it with his hand. As he touched the cover, the case, along with the coronet inside, fell to the ground.
Zhang said in the video that the coronet was handcrafted by her husband and carried deep personal significance. She explained that it was part of a free offline exhibition themed around love, featuring works by dozens of artists.
She added that security staff were present at the exhibition and that the coronet had been placed under a protective cover. Zhang emphasized that she had never sought compensation from the child's family, noting that the piece was insured. She said the purpose of sharing the video was to seek advice from those with experience on how such damage is typically assessed, rather than to blame the child or incite online harassment.
The incident quickly went viral, fueling online debate over responsibility, exhibition safety, and the potential cost of restoration.
4斤黄金凤冠展出时被毁谁来赔?对此,中新网记者采访了上海中联(重庆)律师事务所律师曾惜。
曾律师提到,首先,在确定损失、划分责任主体的情况下,如果展品已经投保,可先向保险公司理赔,再配合保险公司向责任方追偿。
而根据民法典1184条的规定,侵害他人财产的,财产损失按照损失发生时的市场价格或者其他合理方式计算。
简单而言,本案中凤冠主人张凯毅夫妇的损失可能包括物质损失(按修复费用/贬值金额或全损价值计算)和精神损害赔偿(具有特别的意义)。在主张赔偿时,可能需要收集黄金购买凭证、纯度检测证明、手工打造费用记录、损坏前原状、第三方机构(如资产评估公司)出具的修复费用或重置价值评估报告及凤冠具有特殊意义的相关证明。
另外,按照《民法典》1198条等相关法律的规定及具体适用的情况,若本案展品保护罩未稳固固定、无明显警示标志(如“请勿触碰”)、无工作人员巡查/及时制止危险行为,则可能认为策展主体存在一定过错;相反,若现场情况证据足以证明保护罩稳固、有警示及人员管控,仅因未成年人故意破坏、监护人未及时制止导致损坏,则策展主体无过错。
根据视频反映的情况来看,监护人可能承担主要责任,策展主体根据证据进一步证明的情况,可能承担次要责任。
来源:红星新闻 都市快报 中国新闻网 Shine
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