The hotel involved in the drowning of girls' swimming pool sued their parents: Is it reasonable to refund 70% of prepaid medical expenses?

In the past two years, parent-child hotels have been favored by many families. However, some safety risks in the process of playing also need to be paid attention to. Recently, Mr. Zhang of Guangzhou took a hotel to court. What makes Mr. Zhang angry is that when he suffered the pain of losing his daughter, the hotel even sprinkled salt on the wound and asked him to return 270 thousand yuan!

It dates back to four months ago. On August 3, Mr. Zhang's family in Guangzhou was at Jiahua Hot Spring Hotel in Baishui Village, Guangzhou. His 7-year-old daughter MengMeng (not her real name) drowned in the hotel swimming pool. After nearly four months of rescue, MengMeng died unfortunately. Her death certificate shows that the cause of death was "septic shock". To Mr. Zhang's shock, he didn't receive an apology from the hotel, but was taken to the court to ask for a refund of part of his daughter's medical expenses during her hospitalization. According to the complaint filed by the hotel involved, the plaintiff is Guangzhou Huayuan Hotel Co., Ltd., the operator of the hotel, and the defendant is Mr. and Mrs. Zhang. The hotel demanded that the defendant be ordered to repay the medical expenses paid by the plaintiff for 273,603.63 yuan. The hotel believes that Mr. Zhang, as a parent, should bear 70% responsibility for letting his children leave supervision for 20 minutes, so he sued the court.

Many netizens also expressed their views on this matter. Some people think that hotels should not bear the responsibility, and the main responsibility lies with the parents of children. Others think that the hotel's life-saving measures are not in place and parents of children should not be prosecuted. Then let's make another analogy. If the child has insurance, does the hotel still need to pay the medical expenses in advance? If the hotel has insurance, will the hotel still sue?

First, if there is insurance, will the hotel still sue?

For this problem, we analyze it from two aspects.

First, let's assume that the hotel has public liability insurance. Public liability insurance covers accidents in business, production and other public places, causing personal injury and property losses to third parties, and the responsibilities that should be borne by operators according to law. Generally speaking, public liability insurance bears the legal responsibility of the boss. Our common office buildings, hotels, gyms, KTV, shopping malls, hospitals, schools and other public places are all applicable, and according to the risks faced by different places, we will choose different types of public liability insurance, such as fire liability insurance, power supply liability insurance, parking lot liability insurance, logistics liability insurance, exhibition liability insurance and so on. Most of these insurances are discussed one by one, providing business licenses, business maps, venue area and so on. If the hotel has insurance, then this insurance can protect customers from accidents in the hotel. Hotels don't need to spend customers' medical expenses.

Secondly, we assume that children have accident insurance. There are many unexpected risks in daily life: falls, burns, cat claws, dog bites, falling into the water, and even being caught by fishbone, all of which are covered by accident insurance. The results showed that among children aged 5- 14, the top three causes of death were traffic accidents, cancer and drowning respectively. Among them, road traffic accidents and drowning occupy the first and third places respectively, and these risk prevention belongs to accident insurance. Accident insurance usually includes three basic protection responsibilities: accidental death, accidental disability and accidental medical treatment. Coverage of accidental death insurance: children aged 0-9 can only buy up to 200,000 yuan, 10- 17, up to 500,000 yuan. As far as this case is concerned, MengMeng is only 7 years old, which is completely covered by insurance. In this case, the insurance company can pay for it, and the child's family will not have to bear the expensive treatment expenses, at least the pressure of this family can be reduced.

Second, is insurance a medical expense that can be compensated for death?

Let's take accident insurance for example. Accident insurance mainly covers the following three risks, and the compensation situation is as follows:

1) Accidental death: If the insured suffers from accidental injury within 180 days, the insurance company will make compensation according to the contract. This is the most extreme result of accidental injury, namely the death of the insured. In this case, the death liability of accident insurance will pay the insurance money in one lump sum. Because accident insurance and life insurance can be paid in superposition, when determining the insurance amount, you can consider it comprehensively according to the life insurance amount that you have allocated or intend to allocate.

2) Accidental disability: the disability payment will be evaluated according to the disability evaluation standard, registered according to the disability of the insured, and then the insurance money will be paid according to the agreed proportion. Accidental injury not only leads to the death of the insured, but also leads to another situation-physical disability. In view of this situation, like the death liability, the disability liability of accident insurance will also pay an insurance premium. Different from the direct payment of basic death insurance benefits by death liability, disability compensation needs to multiply the basic death insurance benefits by different proportions according to the disability level.

3) Accidental medical treatment: Insurance companies will reimburse necessary and reasonable medical expenses caused by accidental injuries, mainly including reimbursement type and personal type. Accidental injury leads to injury and medical expenses, which is the highest probability in life. Children stumble, old people fall and cause fractures, and adults cut and sprain are all very common accidental injuries. Similar to medical insurance, the accidental medical responsibility of accident insurance is to reimburse the medical expenses caused by accidental injuries.

Secondly, medical insurance, the most common is millions of medical care: based on whether the insured has hospitalization medical expenses. Millions of medical insurance is a reimbursement system, and the expenses above the deductible amount are reimbursed. No matter because of serious illness or accident, as long as you are hospitalized, except for the social security reimbursement and deductible of about 10,000 yuan, the insurance company can reimburse all the remaining expenses such as hospitalization, surgery, medicine fees and various inspection fees, up to several million.

So insurance can compensate for medical expenses and death. However, the insurance of each insurance company will be slightly different. Therefore, before buying insurance, you should read the insurance policy carefully, or consult a professional insurance broker or insurance consultant in advance to understand the details of the contract. You can search for "Baibaojun" in Baidu, and "Baibaojun" will match professional insurance customers for you, and tailor the plan according to your problems and needs, so that you can buy the one that suits you.