Traditional Culture Encyclopedia - Hotel accommodation - Can I claim for a slip and fall while eating in a hotel?

Can I claim for a slip and fall while eating in a hotel?

Some people slip easily when they step on it. Then what should I do if I accidentally slipped and hurt myself in the restaurant? Can I claim compensation from the hotel? What is the legal basis? This article answers your question through a case. [Case] Wang went to a restaurant for dinner. The floor of the restaurant in this hotel is paved with polished tiles. When eating, Wang leaned over to pick up vegetables. Because the polished tiles were smooth and the ground was greasy, the front foot of the chair he was sitting on suddenly slipped backwards, and Wang's feet tilted up, and the chair slipped back more than two feet. The king fell to the ground. Hospital diagnosis: fracture of the fifth sacral vertebra, soft tissue contusion, it is recommended to have a full rest, and someone needs to take care of it during the rest. It was later identified as a minor injury by forensic doctors. So Wang sued a hotel for compensation. [Analysis] Article 7 of the Law on the Protection of Consumer Rights and Interests stipulates: "Consumers have the right to protect personal and property safety when purchasing and using goods and receiving services. Consumers have the right to require the goods and services provided by operators to meet the requirements of protecting personal and property safety. " Article 1 1 stipulates: "Consumers who suffer personal or property damage due to purchasing or using commodities or receiving services shall have the right to compensation according to law." According to the above-mentioned laws, customers have the right to require the facilities and supplies provided by restaurants to meet the safety requirements when they get paid services. As long as the customer has no intention to hurt himself, others have not violated him, and he suddenly falls ill, it should be determined that the service facilities and supplies provided by the restaurant do not fully meet the safety requirements, so if the customer suffers physical damage, the restaurant should be liable for compensation. At the same time, Wang fell when no one else fell, so he should think that he also had improper reasons. Therefore, Wang should also bear certain responsibilities. In addition, the damage facts in this case were only caused by the fault of one or both parties, and there was no accident. It is wrong to think that this case was an accident. Article 4 1 of the Law on the Protection of Consumers' Rights and Interests stipulates: "If a business operator provides goods or services, causing personal injury to consumers or other victims, it shall pay medical expenses, nursing expenses during treatment, reduced income due to absenteeism and other expenses. And if it causes disability, it shall also pay for self-help appliances, living allowance, disability compensation and other expenses as well as the necessary living expenses of the people supported by it; If it constitutes a crime, criminal responsibility shall be investigated according to law. " Accordingly, the restaurant should compensate Wang for medical expenses, nursing expenses, transportation expenses, lost time, appraisal fees and future medical expenses. At the same time, Wang himself also has improper reasons and should bear part of the expenses himself. This case also involves an important issue, that is, how to strengthen the protection of consumers in a weak position in legislation. With the development of social economy and the improvement of income level, the demand of consumers is increasing day by day, and the problem of consumer protection is paid more and more attention by the state. Therefore, the legislative principle and spirit of China's Consumer Protection Law focuses on protecting consumers' rights and interests. Consumers have the right to demand that the facilities and articles provided by operators meet the safety requirements and have corresponding protective measures when they get services free of charge, so as not to endanger personal and property safety. The rights of consumers are also the obligations of operators. In this case, although the customer Wang accidentally fell down, the restaurant operator still bears the main responsibility for the damage, which reflects the legislative intention of paying attention to protecting consumers. Interim Measures of Zhejiang Province on Business Norms of Catering Industry and Handling of Consumer Disputes