Traditional Culture Encyclopedia - Hotel accommodation - What responsibility should the hotel bear if the guest breaks his bone while taking a bath in the hotel bathroom?

What responsibility should the hotel bear if the guest breaks his bone while taking a bath in the hotel bathroom?

Need to bear the corresponding civil liability.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases:

Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, 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 the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.

Extended data:

Related report: Should a guest be responsible for falling in the bathroom and injuring the hotel?

Ms. Wang, 54, sued a hotel in Xiamen for compensation because she slipped and fell in a hotel in Xiamen and failed to negotiate compensation with the hotel. A few days ago, Siming Court accepted the case and settled the case through mediation.

In February this year, Ms. Wang's family came to Xiamen for a trip and stayed at a hotel. In the afternoon 10, Ms. Wang slipped and was injured at the door of the bathroom after washing, and was immediately sent to the hospital for examination. After diagnosis, Ms. Wang had a right femoral neck fracture and needed hospitalization. She had a "right total hip replacement". After that, Ms. Wang was hospitalized for 8 days and spent more than 90,000 yuan on medical expenses. After identification, Ms. Wang reached level 8 disability.

Ms. Wang negotiated compensation with the hotel, and the hotel said that she was not at fault and refused to pay compensation. Ms. Wang took the hotel to court. "There is a service contract relationship between me and the hotel. The hotel should protect the personal safety of consumers and fulfill its security obligations." Ms. Wang asked the hotel to compensate her for medical expenses, lost time, nursing expenses, spiritual comfort, disability compensation and other expenses totaling more than 250,000 yuan.

The judge understands the case in detail and mediates the two sides.

As far as the hotel is concerned, the hotel is obliged to provide Ms. Wang with security within a reasonable limit during her stay in the hotel. However, the evidence submitted by the hotel cannot prove that its bathroom facilities meet the national and industrial safety standards, nor can it prove that the hotel has fulfilled its security obligations within a reasonable limit. Therefore, hotels are at fault in fulfilling their security obligations and need to bear corresponding responsibilities.

Ms. Wang claimed that she slipped and was injured because of the wet door of the hotel bathroom, but she could not confirm that the wet door of the bathroom was left by the hotel staff who did not clean it. As an adult, Ms. Wang has been living in a private room since she checked into the hotel. Without Ms. Wang's consent, it is impossible for the hotel to manage the room. Ms. Wang should do her duty of care in the activities in the room, but she should bear the main responsibility for slipping because she did not do her duty of care.

Under the mediation of the judge, both sides made concessions and finally reached a mediation agreement. The hotel agreed to compensate Ms. Wang for all the losses caused by this incident, and Ms. Wang agreed to this mediation plan.

The judge reminded.

When you go out, you must pay attention to anti-skid measures. The hotel should also set up corresponding anti-skid warning signs and anti-skid mats in the bathroom, provide anti-skid slippers, and effectively fix the facilities in the bathroom.

Minnan language. Com- Should the guest be responsible for hurting the hotel in the bathroom?