How to identify the legal responsibility of hotel rooms falling from buildings

Whether the hotel room falls down for unknown reasons is suicide or accident is controversial, and the determination of legal responsibility is discussed. Let me introduce the relevant case analysis in detail for you.

Determination of Legal Liability for Hotel Rooms Falling from Buildings

Brief case:

Wang lives in a hotel. During the check-in, the customer service found smoke coming out of the room and did not report the fire alarm. Several hotel staff forcibly broke the door, and Wang fell to his death during this period. Later, the hotel staff called the police and a customer committed suicide by jumping off a building. Hotel staff unanimously claimed in the inquiry record that the in-house customers committed suicide by jumping off a building. After investigation, the police found no criminal facts. Whether Wang's death by jumping off a building is suicide or accident has become the focus of controversy in this case and the focus of legal responsibility of all parties.

Controversy focus:

1, whether it is suicide or accidental fall in an emergency, how to identify it.

2. From the perspective of infringement, the hotel should bear the fault liability. If it is suicide, the hotel will not be liable for the damage without fault.

3. From the point of view of consumer service contract, the hotel party bears no-fault liability, even if it is suicide, there is a causal relationship between unsafe hotel room windows and the damage consequences of death, and the hotel party bears no-fault liability for the damage results and should bear the liability for damages.

4. From the perspective of insurance contract, it is considered suicide, which belongs to insurance exclusion liability. This case is a refusal to pay compensation, and it is considered as an accidental fall, and the insurance company is liable for compensation.

Legal analysis:

First, about the nature of the case, suicide or accident?

The police issued a notice not to file a case. What is the nature of the case? No criminal facts? The police did not characterize the case as? Suicide? . The police believe that there is no criminal fact, and at most, it only excludes the possibility of homicide, but it cannot be presumed to be suicide. If there is no doubt that this case is suicide, then the police's conclusion should be direct? Suicide? What's more, the hotel called the police and called the customer? Suicide by jumping off a building? Suppose the police should directly issue a certificate that the case is suicide.

Combined with the fire risk at the time of the incident, a fire broke out in the room, and the cause of the fire was unknown. The police and firemen couldn't find the cause of the fire. Hotel staff said that they broke into the room and found no one. According to this analysis, there were no customers in the room before the hotel staff entered. Did the customer accidentally fall downstairs or deliberately commit suicide? To put it simply, no matter whether it is subjective, intentional or objective, the staff at the scene did not see this key fact with their own eyes. Since I didn't see it, why did I say jump off a building? The statement that a customer committed suicide by jumping off a building can't stand scrutiny, and it can't be justified by reason, law and facts. At present, the court of first instance supports the hotel's defense? A client committed suicide by jumping off a building? .

Second, analyze the liability for damages from the perspective of tort relationship.

Tort liability is to assume fault liability. If there is a fault, there is a responsibility, and if there is no fault, there is no responsibility. In traffic tort, compulsory insurance has no-fault liability. Unless otherwise provided by law, liability shall generally be borne according to the size of the fault. If this case is suicide, then the damage result is caused by the deceased himself, which has nothing to do with others, and the hotel has no tort fault for the death result. This view has always been the defense of the hotel. Is it suicide for the time being, first as suicide, and then is the hotel completely free from fault liability? Accommodation services provided by the hotel include hardware settings and software conditions of room service.

First of all, from the hardware analysis, there are major safety defects in the windows of the room. Climbable doors and windows need monitoring, and the opening width of windows is limited. If these hardware settings are in place, it is very difficult for a person, even a cat or a dog, to fall from the window. Secondly, software services. A few minutes before the door was broken, the customer knocked on the door to confirm that someone was resting. Customer's reply does not disturb the rest. A few minutes later, the door was kicked open by force. This rude way of breaking the door is not through the rescue of the police or the fire department, but on our own. The shock of breaking into houses did not take into account the safety of customers. We can see that there is a causal relationship between the hotel's hardware settings and software services and the damage results.

Thirdly, analyze the liability for damage from the perspective of contractual relationship.

When a guest checks into a hotel, a consumer service contract relationship is established between the guest and the hotel. According to article 18 of the law on the protection of consumers' rights and interests, hotels should fulfill their security obligations to their guests. It is precisely because the accommodation service provided by the hotel is flawed and improper in hardware and software, which endangers the personal safety of consumers and causes personal injury to consumers in the process of consuming services. The hotel should bear the responsibility for breach of contract. Earlier, some analysts said that there was a causal relationship between the obvious security risks in the hotel room windows and the death results, and improper service management of the hotel side was also one of the reasons for the damage. In the contract responsibility, it is no-fault responsibility. Even if the hotel is completely innocent, it will be liable for breach of contract if there is objective damage, not to mention that the hotel is at fault in this case.

Four, from the insurance contract relationship, suicide and accident, means refusing compensation and compensation.

Suicide is the exclusive responsibility in life insurance, regardless of suicide for more than two years. Accidents are covered by insurance. So how to determine the nature of suicide cases, first of all, the police involved in the investigation, after a series of procedures such as investigation and identification, the final conclusion is suicide, then it belongs to the exclusion of responsibility. Taking this case as an example, the police did not identify it as a suicide case in the end, so it still falls within the scope of insurance liability. It is still difficult for insurance companies to refuse compensation on the grounds of suicide.

Is the hotel responsible for people falling from a building in a hotel room?

A natural person engaged in business activities such as entertainment or other social activities. Unless it can't be determined by a third party, if others suffer personal injury or legal person injury due to failing to fulfill their security obligations within a reasonable range, the third party who commits the tort shall be liable for compensation. Where the obligee for compensation brings a lawsuit against the security obligor, it shall treat the third person as a co-defendant and may claim compensation from the third person or other organization. The damage is caused by the infringement of a third party. After assuming the responsibility, the security obligor shall bear the corresponding supplementary liability for compensation within the scope that it can prevent or stop the damage, and the compensation obligee requests it to bear the corresponding liability for compensation. If the security obligor is at fault, the people's court shall support and cater to it.

Details of matters needing attention in staying at the hotel

Be happy, don't be disappointed because staying in a hotel ignores safety. Next, I will tell you ten safety factors that should be paid attention to when staying in a hotel.

First, choose hotels carefully and avoid staying alone in small hotels with complex environment. Go out early and return early. Never go out alone.

Second, you should inform your family about the name of the hotel, its telephone number and the scheduled stay time. If you are traveling with a group, you should write down your teammates' room numbers.

3. After entering the hotel, look at the safety doors and safe passages first, and it is best to try to walk once. In case of danger, leave quickly, and pay attention to the surrounding safety exits and emergency telephone contact system.

Fourth, pay attention to the safety of hotel doors and windows and key lock facilities, plug in the room and fasten it before going to bed.

Visitors must repeatedly confirm that strangers are not allowed to enter casually.

Six, when going out, valuables should be carried with you, not in the room.

Seven, when using the hotel elevator, try to stand next to the control button, once there is a problem, you can immediately press the alarm for help.

Eight, when staying in the room, should be accompanied by service personnel to check whether there are suspicious people in the hotel room cabinets, bathrooms, ignore the phone harassment of strangers of the opposite sex.

Nine, can't smoke in bed, pay attention to electrical safety.

In case of fire, call the fire alarm immediately? 1 19? , and contact the service desk and fire control room.

Business trips, business trips or meetings require accommodation in hotels, guest houses and hotels. Sometimes I have to live in these places for a long time. Although many of these service units pay attention to cleanliness, some of them still live with foreign guests because of the high mobility of residents. If you are not careful, you may get conjunctivitis, trachoma, scabies and other diseases. People living in hotels and guesthouses must pay special attention to self-care. Prevention? Hotel disease? The occurrence of.

1. Always open the window for ventilation in the room. Although the general hotel is equipped with air conditioning, the doors and windows are often closed, the temperature is constant and the indoor air cannot circulate, which is very suitable for the growth and reproduction of some viruses or bacteria. Coupled with the large temperature difference between indoor and outdoor, people living in it are prone to dizziness, fatigue, stuffy nose and even colds. Air conditioning syndrome? . In order to prevent diseases, passengers should regularly open the doors and windows for ventilation every day, especially before going to bed at night and after getting up in the morning, and must open the windows for ventilation for about 20 minutes to make the air convection and keep the indoor air clean.

2. Bring your own toiletries and never take a bath. It is inevitable to wash your face, take a bath and rinse your mouth every day when staying in a hotel or guesthouse. Be careful not to use public toiletries, such as towels, bath water, mouthwash cups, basins, etc. Take a shower when taking a bath, and absolutely avoid a basin bath with a strong sense of crossing. Wash your face with tap water under the tap.

3. Try to use squatting instead of sitting in the toilet. Sitting toilets are most likely to infect people with infectious diseases such as dysentery, typhoid fever, gonorrhea, plum poisoning and scabies. For the sake of safety, it is best to put clean toilet paper on the wooden mat of the toilet before use.

4. Don't sleep naked. Some people are used to sleeping naked at night or wearing only short underwear, which is absolutely impossible when staying in hotels and guesthouses. It is easy to catch all kinds of infectious diseases. Therefore, you should wear long underwear to sleep and go home from work to wash and disinfect before wearing it. Share the morning express hotel.

Guess you like:

1. Case analysis of hotel complaint handling

2. Hotel interview questions and answers

3. The work plan of the hotel housekeeping department in the second half of the year

4. Model essay on hotel room hygiene management system

5. English conversation about hotel reservation