Traditional Culture Encyclopedia - Hotel reservation - If a customer slips on the hotel floor, should the hotel be liable for compensation?

If a customer slips on the hotel floor, should the hotel be liable for compensation?

According to the actual situation, judge the size of the fault and bear the corresponding responsibility.

If the hotel fails to provide security obligations within the scope, for example, because the ground is slippery, the customer will be responsible for the personal safety of consumers.

If consumers are at fault, they can appropriately reduce their responsibilities.

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 6

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 the obligation of safety and security within a reasonable range, causing personal injury to others, and the obligee for compensation requests him to bear the corresponding liability for compensation, 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.

Article 17

If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.

Extended data:

2065438+In March 2005, Uncle Wang, who was over 60 years old in Heilongjiang, came to Hangzhou to play and stayed in a hotel. On the third morning, Uncle Wang slipped and was injured while washing in the hotel room, and was immediately taken to a hospital in Hangzhou for treatment. He was diagnosed with a lumbar fracture and was hospitalized for more than a month.

During this period, the hotel paid more than 30,000 yuan in medical expenses. In June of the same year, 5438+065438+ 10, Uncle Wang's injury was identified and assessed as grade 9 disability.

From 20 15 to 12, Uncle Wang took the hotel to court. He believed that the hotel should be responsible for his safety and asked the hotel to compensate him for medical expenses, nursing expenses and follow-up medical expenses of more than 340,000 yuan.

The hotel agent replied in the trial that the hotel manager only has the obligation of safety guarantee within a reasonable limit and bears the corresponding fault liability. The hotel has tried its best to remind Uncle Wang and ensure his safety, so it should not be liable for compensation. Even if you need to bear the responsibility, you are only willing to bear the corresponding compensation responsibility within the proportion of 15%.

After hearing the case, Xihu Court held that according to the relevant provisions of the Tort Liability Law, managers of public places or organizers of mass activities should bear tort liability if they fail to fulfill their security obligations and cause damage to others.

In the hotel room where Uncle Wang lives, the bathroom space is small, the floor is smooth and tiled, and it is easy to slip. However, the hotel did not remind customers to beware of slipping when washing, nor did it provide effective anti-slip measures in the bathroom to avoid accidents. Therefore, the hotel is at fault for the accident.

People's Daily Online-A man slipped and fell while washing in a hotel, and the court sentenced him to bear 20% responsibility for the hotel accident.

People's Daily Online-"Beware of slipping" does not exempt guests from the responsibility of falling and injuring the hotel.