The hotel has small steps, signs, and fractures caused by falling. Should the hotel be responsible? If you want to be responsible, how much responsibility should you bear?

If a guest falls or is pinched in the store, it is the guest's own responsibility, and the store has fulfilled its due obligations, so the store is exempted from responsibility and can assist in sending him to hospital for treatment. If there are defects in the store and there is no reminder, you have to bear part of the responsibility. Treat patients first, then negotiate. If negotiation fails, you can call the police. Shops and shops shall be liable for compensation within the scope of fault.

Legal analysis

According to the actual situation, if the store fails to fulfill the safety guarantee obligation within a reasonable range, the victim may ask him to bear the liability for compensation within the fault range. In addition, if the damage is caused by the tort of a third person, the third person who commits the tort shall be liable for compensation. If the security obligor is at fault, he shall bear the corresponding supplementary liability for compensation within the scope that he can prevent or stop the damage. After assuming the responsibility, the security obligor may claim compensation from a third party. Shops fail to fully fulfill their security obligations, causing consumers to fall down, which not only violates the obligation of fully fulfilling the contract stipulated by law, but also bears the liability for breach of contract; Those who fail to fulfill their legal obligations of security services shall bear tort liability. The reasons are as follows: 1. Providing consumers with a safe consumption environment is the obligation of the store agreed in the sales contract between the two parties, but the store has not fully fulfilled it, which naturally constitutes a breach of contract. It is the legal obligation of the store to provide consumers with a safe consumption environment. If the store does not fully perform, causing consumers to fall, it constitutes infringement and should bear tort liability. Therefore, the behavior of the store is both a breach of contract and an infringement. Consumers have the right to choose to ask the store to bear the liability for breach of contract or to ask the store to bear the liability for infringement according to law.

legal ground

Article 1 198 of the Civil Code of People's Republic of China (PRC). Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.