Traditional Culture Encyclopedia - Hotel franchise - 2 1 year-old female hotel was killed. Is the hotel responsible?

2 1 year-old female hotel was killed. Is the hotel responsible?

Legal analysis: As long as the hotel has fulfilled certain security obligations and measures, the hotel has no responsibility. When customers stay in the hotel, it is convenient for the hotel to form a contractual relationship. The hotel provides the accommodation environment and services corresponding to the charges for the passengers, so as to obtain the rewards paid by the passengers. Hotels are obliged to avoid personal and property damage to passengers.

Legal basis: Article 18 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, business operators shall ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other places of business shall fulfill their obligations of safety protection for consumers.

Article 1 198 of the Civil Code of People's Republic of China (PRC). Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.

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.