Traditional Culture Encyclopedia - Hotel accommodation - How to compensate for hotel injuries?

How to compensate for hotel injuries?

If you fall and get injured in the hotel, the hotel shall bear civil liability, provided that the hotel fails to fulfill its security obligations within the corresponding scope. If the behavior of a third party causes damage to others, the third party shall bear the tort liability, and if the hotel fails to fulfill its security obligations, it shall bear the corresponding supplementary liability. The premise of hotel compensation is that there is fault. According to the actual situation:

1. If the hotel fails to fulfill its security obligations, for example, when the cleaning staff mops the floor, the words "Be careful to slip" are not posted in the obvious position, and the hotel bathroom is not equipped with anti-slip pads, resulting in tourists slipping and being injured, the hotel shall be liable for compensation;

2. If the hotel has fulfilled its security obligations due to tourists' own reasons, such as playing around and not listening to the hotel staff to discourage accidents, the tourists themselves will bear the responsibility, and the hotel will not be liable for compensation. 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.

The compensation methods for injuries caused by staying in the hotel are as follows:

1. Because the hotel facilities have caused damage, they have the right to claim personal injury compensation according to civil law. The scope of compensation is in accordance with the provisions of the Interpretation of Individual Compensation, including: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, and spiritual damages.

2. In case of disability due to injury, the compensation obligor shall also pay disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

You can negotiate compensation with them. If negotiation fails, you can bring a lawsuit to the grassroots people's court where the hotel is located and demand compensation from the other party. Of course, you have to prove all the medical bills, and you have to prove that you really lived in that store. You can provide access cards, hotel invoices, hotel receipts and other evidence.

The responsibilities of hotel customers for accidental falls in the hotel are determined as follows:

Legal basis: Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

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 the obligation of safety and security within a reasonable range, causing personal injury to others, and the obligee for compensation requests him to bear the corresponding liability for compensation, the people's court shall support it.

Article 17

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.

If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

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.