Jade is not in your hands! Who should be held responsible when a merchant breaks a jade bracelet?

Today I will take you to take a look at the unexpected situations that may occur when we buy jadeite. What should you do if an accident happens and the merchant’s jade is broken?

In recent years, we often see news like "A bracelet accidentally slipped and broke when trying on it, triggering a large claim for compensation", "A woman broke a bracelet and the merchant claimed 80,000 yuan, but it was only worth 7,000 yuan after appraisal", "A tourist in Ruili broke a high-priced bracelet, causing pain in the industry", etc. Today, I will use a case to tell you what we should do if we encounter such a situation, and how we should share the responsibilities with the merchants.

On March 26, 2013, Mr. Li, a citizen of Zhenjiang City, Jiangsu Province, saw a jade bracelet priced at 388,000 yuan in a jewelry company. He liked it so much that he asked the salesperson to give it to him to try on. Unexpectedly, the bracelet fell to the ground and broke due to a moment of negligence. Li said that he was laid off and had no ability to pay compensation. The jewelry company had negotiated with him many times without result, so they took him to court.

The court held that Li, as a consumer, knew or should have known that jade bracelets were fragile and valuable items, and he failed to exercise due care when wearing them. Due to his negligence, the bracelet slipped and broke, and he should bear liability for compensation for the damage.

However, as a business premises, the jewelry company should have a higher level of safety precautions. The damaged bracelet was priced at 388,000 yuan and was obviously a valuable commodity. The jewelry company should have implemented soft packaging for the trading venue environment in view of the fact that jade bracelets are fragile when colliding with hard objects, so as to reduce or avoid possible accidents that may occur to consumers during transactions. However, this is obviously not being done now. Therefore, the jewelry company should also be held responsible for the consequences of the bracelet falling to the ground and being damaged.

Therefore, the court comprehensively considered the faults of both Li and the jewelry company during the entire transaction process, the causal relationship between their respective behaviors and the consequences of the damage, and other factors, and ruled that Li was responsible for 30% of the losses caused by the damage to the jade bracelet, and the jewelry company was responsible for 70%.

Moreover, according to the appraisal of the Appraisal Office of Zhenjiang Price Certification Center, the actual value of the protagonist's bracelet on the day of the damage was 147,500 yuan in market price, and the residual value was 23,000 yuan. The loss amount of the damaged bracelet was determined to be 124,500 yuan. Li and the jewelry company did not complete the transaction, so the damaged bracelet still belonged to the jewelry company. In the end, the court ordered Li to compensate the jewelry company for losses of more than 37,000 yuan.

When we buy jadeite, we should be as careful as possible to handle it with care. However, through this case we can also see that the jewelry industry still has some defects in the environmental safety of trading venues. When we use the goods correctly or receive services, it may still cause harm to personal and property safety.

This should first serve as a reminder to businesses that they should take measures to prevent harm from occurring. Consumers can also see that if we accidentally infringe upon the rights and interests of others due to fault, we should bear the tort liability, but if the infringed party is also at fault for the occurrence of the damage, the liability of the infringer can be appropriately reduced.

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