Traditional Culture Encyclopedia - Hotel accommodation - A drunken woman in Anhui died in the guest room after being taken to the hotel. Why should the hotel bear legal responsibility?
A drunken woman in Anhui died in the guest room after being taken to the hotel. Why should the hotel bear legal responsibility?
A drunken woman in Anhui died in the guest room after being taken to the hotel. What is the specific process of this matter? On August 3rd, 2020, a lady from Maanshan, Anhui Province had a dinner with six friends. While eating, she drank a lot of beer and white wine. After the wine came, the woman gradually lost consciousness and later entered a coma. After she broke up with her friends, the woman's friends did not take her to the hospital, but jointly carried her into a local hotel. They sent the woman to her room and left one by one. Unexpectedly, the tragedy happened that night and the woman died in the hotel.
Why do hotels have to bear legal responsibility? After the incident, the woman's family was very painful. A complaint brought the six people and the hotel involved with the woman to court that night, demanding compensation of 6,543,800 yuan. After investigation and evidence collection, the court found that the drinkers each bear 30% responsibility, and the hotel involved failed to fulfill its guardianship responsibility and should bear 10% compensation responsibility. He believes that the death result is not caused by the fault of the hotel and has no causal relationship with staying in the hotel. After accepting the appeal, Maanshan Intermediate People's Court finally concluded that the hotel was at fault, failed to register and check the identity of the victim, allowed others to carry the unconscious woman into the hotel room, and failed to fulfill the obligation of safety protection for consumers, which was an act of omission. The hotel was awarded compensation of more than 90,000 yuan to the woman's family.
In the second instance, the court still held that the hotel needed to register the people who entered the hotel, but the woman had no registration record, which was enough to show the hotel's dereliction of duty. Therefore, the court held that there was no problem with the amount of compensation requested by the hotel. The warning of this incident is that girls should not drink alone with others, especially white wine, and never drink too much. Even if you go out with friends, you should refrain from drinking.
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