Traditional Culture Encyclopedia - Hotel accommodation - How to determine the compensation standard when a guest hotel claims compensation for injury?

How to determine the compensation standard when a guest hotel claims compensation for injury?

If the hotel is at fault, according to the relevant laws and regulations, the compensation obligor shall compensate the victim for the expenses incurred by medical treatment and the income reduced due to missed work, including transportation expenses (referring to the hotel at fault). And according to the degree of injury of the victim, the victim can also ask the hotel to compensate for medical expenses and other expenses. If it has constituted a disability, you can also ask the hotel to compensate for disability compensation and spiritual comfort.

Legal analysis

If the restaurant doesn't set up obvious warning signs on the slippery stairs to remind consumers that their feet are slippery, which causes consumers to fall down while eating, and obviously fails to fulfill their safety guarantee obligations, then the restaurant should bear the corresponding tort liability, and consumers can claim the medical and nursing expenses paid for the fall from the restaurant. If you are disabled, it is suggested that you apply to the court to entrust an appraisal institution to appraise the disability level according to law during the litigation period, and then calculate the specific compensation amount according to the appraisal result. First of all, if a customer falls down after eating in the store, the hotel should call the emergency number as soon as possible and actively accompany the customer to the hospital for treatment, which is often the premise of solving the problem through consultation. Secondly, the hotel should know as much as possible about the expenses incurred during the treatment of customers, and those who need hospitalization should be hospitalized in time. The lost time, hospitalization expenses and medical expenses during hospitalization are all within the scope of insurance claims. Therefore, the part of the hotel that needs to compensate customers is beyond the scope of insurance claims.

legal ground

Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.