Traditional Culture Encyclopedia - Hotel accommodation - What is the responsibility of the hotel if you fall and get injured in the hotel?
What is the responsibility of the hotel if you fall and get injured in the hotel?
The Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases establishes the operator's security obligations and clarifies the obligations and responsibilities of the security obligor. Article 6 points out 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, causing 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.
According to the judicial interpretation, it can be known that the fall of guests is related to improper safety facilities, hidden dangers in facilities and failure to fulfill safety guarantee obligations, and the hotel must bear the responsibility. For example, the guest fell down because the floor was not slippery, the hotel did not set up safety warning signs, which caused the guest to be injured, and the illegal personnel entered the hotel and fell down the guest. If the hotel has fulfilled certain security obligations, such as danger notification, safety measures, active rescue and alarm after the accident, then the hotel will not be liable for compensation. Secondly, it depends on whether the people staying in the hotel are special people.
Legal basis: Article 17 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 stipulates that the compensation obligor shall compensate the victim for personal injury, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
According to the degree of injury, you can claim compensation for medical expenses, transportation expenses, hospital food subsidies, lost time, nursing expenses, appraisal fees and other expenses. If it constitutes a disability, you can also claim compensation for disability compensation and spiritual comfort.
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