Traditional Culture Encyclopedia - Hotel reservation - Do I have to pay compensation if someone takes poison and dies in a hotel?
Do I have to pay compensation if someone takes poison and dies in a hotel?
Whether the hotel needs to compensate if a person takes poison and dies in a hotel generally depends on the circumstances:
1. If a person dies in a hotel, the hotel does not need to compensate;
2. However, unless the hotel provides evidence to prove that the death of the person has an impact on the hotel business, the hotel has the right to request compensation from the relatives of the deceased;
3. If there is no fault, such as the guest having a serious illness or sudden death. If the guest dies, and the hotel has fulfilled its obligation to rescue, then it has no responsibility;
4. If the guest falls and dies due to lack of timely cleaning of the floor or failure of equipment and facilities, the hotel will bear a large part of the responsibility Compensation;
5. However, if it is due to suicide or homicide, it depends on whether the hotel calls 120 emergency number and 110 police number in time after discovering the incident. If there is a dispute over compensation and negotiation fails, as a family member of the party concerned, you can go to court to sue for settlement. If you are not satisfied with the court's decision, then go to the second instance. The final result will be the final judgment. If the court decides that the hotel will compensate part of the compensation, the hotel will have no excuse. If you delay or refuse compensation, apply to the court for enforcement.
A lawsuit must meet the following conditions:
1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
2. There is a clear Defendant;
3. There are specific litigation claims, facts and reasons;
4. It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
To sum up, customer suicide is a personal act. People with full civil capacity should be responsible for their own actions and the consequences of their actions. If the hotel, as the safety obligor, is at fault, it should be punished within its capabilities. The hotel shall bear corresponding supplementary compensation liability within the scope of preventing or stopping the damage. If the hotel is not at fault, it does not need to bear compensation liability. It depends on whether there is any fault. If there is no fault, there is no responsibility. Generally speaking, there is no responsibility.
Legal basis:
Article 1198 of the "People's Republic of China and Civil Code"
Hotels, shopping malls, banks, stations Operators and managers of airports, stadiums, entertainment venues and other business venues, public places or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability.
If the third party causes damage to others due to the behavior of a third party, the third party shall bear tort liability; if the operator, manager or organizer fails to fulfill the safety guarantee obligations, he shall bear the corresponding supplementary liability. After the operator, manager or organizer assumes supplementary liability, it may recover compensation from the third party.
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