Traditional Culture Encyclopedia - Hotel reservation - How to claim for falling in the hotel lobby?

How to claim for falling in the hotel lobby?

If the wet ground of the hotel causes consumers to fall down and fails to fulfill their security obligations, they shall bear the corresponding tort liability. As for the compensation standard, it is suggested that both parties negotiate. If negotiation fails, both parties may seek administrative mediation from the Administration for Industry and Commerce. If mediation fails, they need to go to court. The specific division of responsibilities depends on the degree of fault of both parties.

According to the provisions of China's Civil Law, those who infringe upon others and cause personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

legal ground

Article 179 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If personal injury is caused by infringement on others, it shall compensate for the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

According to article 1 198 of the Civil Code of People's Republic of China (PRC), the operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other places of business shall be responsible by the security obligor. Those who fail to fulfill their security obligations and cause damage to others shall bear tort liability. 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.