Traditional Culture Encyclopedia - Hotel franchise - Who is responsible for the fall in the hotel?
Who is responsible for the fall in the hotel?
If the hotel fails to fulfill its security obligations, such as the ground is slippery and there is no corresponding prompt, resulting in passengers falling down, the hotel should bear certain legal responsibilities. 1. Is it the responsibility to stay in a hotel and hurt the hotel?
If a passenger falls in a hotel, whether the hotel is responsible depends on the actual situation:
1. If it is caused by unsafe hotel facilities, the hotel needs to bear corresponding responsibilities.
In principle, the hotel is not responsible if it is caused by the guest's carelessness.
3. If both parties are at fault, they shall bear the responsibility according to the fault proportion, and the specific division shall be determined through consultation. If negotiation fails, they can bring a lawsuit to the court. Guests claim compensation from the hotel to prove that the hotel is at fault.
4. If the hotel fails to fulfill its security obligations within the scope, if the customer falls and is injured due to the wet ground, it will bear the personal safety responsibility of the consumer.
1. If the hotel fails to fulfill its security obligations, for example, the ground is slippery and there is no corresponding prompt, causing passengers to fall, the hotel will bear certain legal responsibilities;
2. If the hotel fulfills its security obligations and there is no fault in the fall of passengers, the hotel will not bear legal responsibility.
Which of the following evidences is required for personal injury claims:
1, the proof that the plaintiff's damage has a causal relationship with the defendant, that is, when, where and why the defendant committed what kind of illegal act and what kind of consequences it caused to the plaintiff.
2. Provide the injury diagnosis, medical records and medical documents certified by the hospital, including medical expenses, treatment expenses, laboratory fees, etc. If you are disabled, you must also have an appraisal. If transferred for treatment, proof that the hospital agrees to transfer or really needs to transfer should be provided.
3, compensation for nursing and nutrition costs, should provide special care approved by the attending physician, and the need for supplementary nutrition and other proof.
4, compensation for lost time, should provide proof of actual income loss (including reduced wages, bonuses, etc.). ) issued by my unit, if there is no fixed income, according to the relevant provisions of the state standards.
5. To compensate transportation and accommodation expenses, bus tickets, train tickets, boat tickets, air tickets and accommodation invoice should be provided, and taxi fares are generally not compensated.
6. Other required certificates and evidence.
To sum up, if the hotel fails to fulfill its security obligations, such as the ground is slippery and there is no corresponding prompt, the hotel will bear certain legal responsibilities. If the hotel fulfills its security obligations and there is no fault in the fall of passengers, the hotel will not bear legal responsibility.
Legal basis:
Article 1 198 of the Civil Code of People's Republic of China (PRC).
The security obligor is the operator, manager or organizer of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places. Those who fail to fulfill their security obligations and cause damage to others shall bear tort liability.
If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.
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