Does the hotel need compensation if the guest falls in the hotel room?

1. Can I claim for a fall in the hotel? If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range and causes personal injury to others, the people's court shall support it. When consumers eat in a hotel, the hotel should do its best to protect others from personal injury. In this incident, the hotel should have taken necessary anti-skid measures to take care of and guarantee the safety of customers, but the hotel did not take anti-skid measures and did not fulfill its reasonable safety guarantee obligations, which led to your fall. The hotel is at fault and should bear the corresponding liability for compensation.

Second, who is responsible for the hotel fall? Is the hotel at fault when the customer falls? How much is the fault and how much is the responsibility! It depends on whether the hotel provides security obligations within the scope. In 2003, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, which established the operator's security obligations and defined the scope of obligations and the responsibility boundary of the security obligor.

Article 6 points out that if a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range and causes personal injury to others, the people's court shall support it.

If damage is caused by infringement by a third party, the infringing third party shall be liable for compensation. If the security obligor is at fault, he shall bear the corresponding supplementary liability for compensation within the scope that he can prevent or stop the damage.

After assuming the responsibility, the security obligor may claim compensation from a third party. Where the right holder of compensation brings a lawsuit against the security obligor, the third party shall be regarded as a co-defendant, except where the third party is uncertain.

According to the judicial interpretation, it can be known that the fall of guests is related to improper safety facilities, hidden dangers in facilities and failure to fulfill safety guarantee obligations, and the hotel must bear the responsibility.

For example, the guest fell down because the floor was not slippery, the hotel did not set up safety warning signs, which caused the guest to be injured, and the illegal personnel entered the hotel and fell down the guest. If the hotel has fulfilled certain security obligations, such as danger notification, safety measures, active rescue and alarm after the accident, then the hotel will not be liable for compensation.

Secondly, it depends on whether the people staying in the hotel are special people.

For example, if a minor stays in a hotel with his parents and falls down due to potential safety hazards in the hotel, then according to the General Principles of Civil Law, the guardian should supervise and protect the person, property and all other legitimate rights and interests of the minor according to law, and the parents of the minor should also bear some responsibilities. How to divide the specific responsibility ratio should be based on the actual situation of the case.

Consumers in the hotel, whether they actually spend money or not, if the hotel fails to fulfill its obligations and take necessary anti-skid measures, which causes consumers to fall and get injured, then it is considered that the hotel is at fault and should compensate the injured consumers to some extent.

However, if the hotel can prove that the consumer was really hurt by the actions of other third parties, and it did fulfill its obligations, then even if the consumer was hurt, the hotel can be exempted from liability.

Legal basis: 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.