Traditional Culture Encyclopedia - Hotel franchise - The girls' hotel pool drowned! Parents sued by the hotel?

The girls' hotel pool drowned! Parents sued by the hotel?

In August this year, a 7-year-old girl drowned in the outdoor swimming pool of a hot spring hotel in Guangzhou. After four months of rescue, the girl passed away. However, just before the girl died, her parents were sued by the hot spring hotel. The hotel believes that the girl's parents failed to fulfill their responsibilities as guardians and should bear the main responsibility for the accident. According to similar cases, the hotel is responsible for 30% of the accident.

Therefore, the hotel filed a lawsuit against the parents of the children: asking the parents of the children to refund 30% of the 390,000 fees paid by the hotel. The parents of the child said that the actual medical expenses of the child are far more than 390,000. And think that there are many security risks in the management of the hotel, so we are also prepared to respond and counterclaim. So today, from the perspective of insurance, there are mainly the following contents:

1. What is the risk of drowning in girls' swimming pools?

2. If there is an insurance hotel, will it be prosecuted?

3. Does the insurance cover both medical expenses and death expenses?

1. What kind of insurance does a girl drown in a swimming pool?

It is not difficult to see from the case that the girl drowning in the swimming pool is an accident insurance for the girl, but a triple insurance for the hotel. So what is accident insurance? Accident insurance is accidental injury insurance, which means that the insured suffers death, disability and medical expenses due to accidents, and the insurance company pays compensation. In this case, the girl drowning is unpredictable, so it is an integral part of accident insurance. Of course, the hotels involved are also at fault and should bear corresponding responsibilities. The insurance pays compensation in proportion to the responsibility of the girl's parents.

Second, if there is an insurance hotel, will it sue?

As can be seen from the case, the cause of the accident was caused by the hotel and the girl's parents, not unilateral responsibility. The insurance company makes compensation according to the responsibility of the accident. Whether the hotel will sue the girl's parents is not determined by whether it has purchased insurance, but by whether there is a conflict in the compensation ratio. Mainly can be analyzed from the following aspects:

1. The hotel will not sue. Judging from the previous cases, the hotel concluded that the hotel should bear 30% of the accident responsibility. If the girl's parents can accept this ratio and voluntarily refund the excess medical expenses, then the hotel will not sue.

The hotel insists on suing. The girl's parents don't agree with the result that the hotel thinks it is only responsible for 30%. And 70% of the advance payment is not refundable. Then the hotel will still sue.

3. Does the insurance cover both medical expenses and death expenses?

Whether insurance compensates medical expenses and death expenses mainly depends on whether the insurance company has purchased relevant insurance and whether the insurance company is liable for compensation in the accident. Under normal circumstances, insurance pays for medical expenses and death expenses, but it needs to be paid according to the proportion agreed in the insurance contract. For example, in the case, the insurance company will pay compensation according to the proportion of the accident first, and then according to the proportion agreed in the insurance contract. Generally including medical expenses, death expenses, funeral expenses, etc.

Fourth, write it at the end.

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