Traditional Culture Encyclopedia - Hotel accommodation - How to divide the responsibility when a guest falls in a hotel room?

How to divide the responsibility when a guest falls in a hotel room?

Legal analysis: How to determine the division of responsibility for the guests who fell in the hotel room needs to be determined according to the actual situation. If the hotel has fulfilled its security obligations, the victims will bear the losses themselves. If the hotel fails to fulfill its security obligations, the hotel will be liable for damages. If the behavior of a third party causes damage, the third party shall bear the tort liability. If the hotel fails to fulfill its security obligations, it should also bear supplementary responsibilities.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

Article 119 Operators, managers or organizers of mass activities in hotels, shopping malls, banks, railway 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.