Traditional Culture Encyclopedia - Hotel accommodation - Who is responsible for the accidental death of hotel guests?

Who is responsible for the accidental death of hotel guests?

Legal analysis: the premise of hotel compensation is fault. 1, it is necessary to distinguish whether the hotel is liable for compensation. That's what caused the guests to fall. 2. If it is caused by unsafe hotel facilities, the hotel needs to bear corresponding responsibilities. In principle, the hotel is not responsible if the guest is careless. If both parties are at fault, they shall bear the responsibility according to the proportion of fault, and the specific division shall be determined by both parties through consultation. If negotiation fails, they can bring a lawsuit to the court. Guests claim compensation from the hotel to prove that the hotel is at fault.

Legal basis: 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.

Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases states that if a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range and causes personal injury to others, the people's court shall support it. If damage is caused by infringement by a third party, the infringing third party 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. Where the right holder of compensation brings a lawsuit against the security obligor, the third party shall be regarded as a co-defendant, except where the third party is uncertain.