How to compensate for the fall and fracture in the hotel?

According to the actual situation, judge the size of the fault and bear the corresponding responsibility.

If the hotel fails to fulfill its security obligations within the scope, such as customers falling down due to wet ground, it will bear the personal safety responsibility of consumers; If consumers are at fault, they can appropriately reduce their responsibilities. If the mall can prove that it has fulfilled certain security obligations, such as danger notification, safety measures, active rescue after the accident, alarm, etc., then the hotel will not be liable for compensation.

For the question of who is responsible for the fall of customers in the hotel, we must first determine whether the hotel has fulfilled its security obligations to ensure the safety of customers in the hotel. If it does, there is no need to take responsibility. No matter in hotels or other public places, compensation disputes are easy to occur when accidents occur. If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. The legal basis of the operator's safety guarantee obligation is the duty of safety care in social activities. The obligation to pay attention to the safety of social activities refers to the obligation to "take necessary and expected preventive measures to protect third parties from danger when they engage in or continue to be in specific dangers in their own and responsible fields".

The legal basis of the operator's safety guarantee obligation is the duty of safety care in social activities. The obligation to pay attention to the safety of social activities refers to the obligation to "take necessary and expected preventive measures to protect third parties from danger when they engage in or continue to be in specific dangers in their own and responsible fields". There are three main situations:

1, which is the pure inaction of the operator, failed to create a very safe consumption environment, resulting in consumer damage. When digging ditches, they shall cover them or take necessary measures.

2. It is the insecurity of the service itself or hardware equipment provided by the operators that causes the customers to suffer, and they have the obligation to prevent the danger from happening. If you hold a reception at home, you should prevent the old tree from hurting the guests; If the stairs in the restaurant are not completely repaired, you should set up a sign or cut off the access to the stairs.

3. It is due to the negative inaction of operators engaged in certain businesses or occupations that they have not diligently fulfilled their obligations to prevent and stop illegal infringement. When operating a hotel, we should pay attention to the obligation of removing oil pollution from the corridor, maintaining elevator safety and ensuring the smooth exit.

Legal basis:

Tort liability law)

Thirty-seventh hotels, shopping malls, banks, stations, entertainment venues and other public places managers or organizers of mass activities, failed to fulfill their security obligations, causing damage to others, should bear tort liability. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities.

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 6 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.