The old man in Zhejiang was attacked by two big white geese, causing eight-level disability, and sued the hotel for 590,000 yuan.

Original article title: The old man in Zhejiang was attacked by two domestic geese, causing eight-level disability, and sued the hotel restaurant for compensation of 590,000 yuan.

"As a hotel management service provider and a beneficiary of the Goose Garden landscape, you should bear all the responsibilities.

Recently, the People's Court of Anji, Huzhou, Zhejiang Province held a hearing on a dispute over reproductive rights, life and health rights and body rights.

After moving into the hotel restaurant, he was bitten by a goose and was disabled at level 8.

It was Shimou who stipulated that the hotel restaurant should take full responsibility.

2018110/0 In October, Shimou, who was seven or six years old, took a three-day tour of a scenic spot in Anji, Zhejiang, and stayed in a hotel restaurant next to the scenic spot. On the day of check-in, Shimou and others went for a walk in the forest path near the pond next to the hotel restaurant. Suddenly, two domestic geese fiercely rushed back to Shimou with their wings and launched an attack. One of the domestic geese was tearing at Shimou's jeans. Shimou fell down at the scene, causing a fracture and being pecked by geese in many places.

After evaluation, Shimou was disabled at Grade 8 and Grade 9 due to this safety accident. Due to injury and wound inflammation, Shimou was hospitalized for five times, resulting in various damages such as treatment fees and escort fees totaling 580,000 Wang Yi.

"The ponds and geese in this hotel restaurant are very popular. Everyone also saw many people taking photos with geese before going for a walk. Unexpectedly, such a safety accident happened. A partner of Shimou said.

In view of the compensation problem, the hotel restaurant felt that the address of the incident was not the direct management method of the hotel restaurant, and the hotel restaurant was not the manager of the goose. Shimou has the responsibility to protect himself, and Shimou has not confirmed why he fell.

Several discussions with each other failed. In August 2020, Shimou sued the hotel restaurant to the People's Court of Anji, Zhejiang.

Photo: Gaihua Creativity

Ruling; ruling

The hotel restaurant is responsible.

After hearing the case, the people's court held that:

Hotel restaurants with safety accidents are not only common houses for hotel accommodation, but also comprehensive holiday hotels composed of houses, mountains, tourist areas and other natural environments. It can walk from the hotel area to the place where safety accidents occur, without passing through the school walls, guardrails, doors and other signs. Therefore, the hotel restaurant believes that the place where the safety accident occurred is not its business premises and cannot be established.

In view of Shimou's injury, many witnesses appeared in court on average to show that they saw a goose pecking Shimou and caused him to avoid falling. Hotel restaurant staff did not deny this.

Combined with the evidence and the mentality of the hotel restaurant that caused a safety accident after consulting with the other party, Shimou is likely to be bitten by a goose, so I agree with this objective fact.

As an operator, he is responsible for the management methods and posts of the venues, staff and articles within his business scope, and also for the safety precautions of his business premises, so he is responsible for solving the disability of domestic geese.

Finally, after deducting the money paid by the hotel restaurant, the people's court ruled that the hotel restaurant paid more than 590,000 yuan for history treatment, escort fees and compensation for mental losses. After the ruling, no lawsuit was filed against the other party. At this stage, the hotel restaurant has been executed according to the ruling.

Source: Zhejiang Legal News

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