Traditional Culture Encyclopedia - Hotel franchise - Excuse me, is the hotel responsible for the sudden death of hotel guests?
Excuse me, is the hotel responsible for the sudden death of hotel guests?
Article 37 of the Tort Liability Law stipulates the security obligations of natural persons, legal persons or other organizations engaged in business activities such as accommodation. The responsibility arising from the violation of security obligations is the responsibility of omission. ?
If the consumer, as a guest of the hotel, feels unwell alone in the hotel, and the hotel staff fails to take effective measures in time after discovering it, resulting in certain treatment delay, they should bear the corresponding liability for compensation, and the specific compensation ratio shall be determined by the court according to the fault degree of the hotel in this incident. ?
Tort Liability Law Article 37 Managers of hotels, shopping malls, banks, stations, entertainment places and other public places or organizers of mass activities 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; If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities. ?
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Case: The man died of sudden illness after checking in, and the hotel awarded 200,000 yuan?
Mr. Zhang came to Beijing on business from other places and died of a sudden cerebral hemorrhage after staying in the hotel. The family sued the hotel to the court, demanding a public apology and compensation for losses of more than 700,000 yuan. Reporter 1 1 It was learned from the Haidian District People's Court in Beijing that the court ordered the hotel to pay 200,000 yuan. ?
20 14 10, Mr. Zhang came to Beijing for business and stayed in a hotel. In the meantime, Mr. Zhang stood unsteadily in front of the hotel and fell into a coma. The staff ignored it after inspection. After other guests found out, they told the front desk staff that the hotel staff helped Mr. Zhang to the sofa in the lobby and returned to the front desk without taking any measures.
Mr. Zhang kept coughing and vomiting, but the staff didn't take any measures. After 40 minutes, the staff called the police and called the emergency number. Emergency personnel rushed to the scene and took Mr. Zhang to the hospital. A few days later, Mr. Zhang died of cerebral hemorrhage in the hospital. ?
The hotel argues that it is an express hotel and has no special care obligation for its guests. Mr. Zhang died of illness, which is generally recognized. When employees found him unwell, they took corresponding rescue measures and fulfilled their security obligations. ?
After trial, the court held that Article 37 of the Tort Liability Law stipulated the security obligation of natural persons, legal persons or other organizations engaged in business activities such as accommodation. The responsibility arising from the violation of security obligations is the responsibility of omission. As a guest of the hotel, Mr. Zhang felt unwell alone in the hotel. After the staff found out, they did not take effective measures in time. The alarm and emergency call took more than 40 minutes, which caused some delay in treatment and should bear the corresponding liability for compensation.
The specific compensation ratio is determined by the court according to the fault degree of the hotel in this incident. In the end, the court ruled that the hotel compensated Mr. Zhang's family for various economic losses totaling 200,000 yuan.
Baidu Encyclopedia-Tort Liability Law
China Court Network-A hotel where a man died of sudden illness after staying was awarded 200,000 yuan in compensation.
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