Traditional Culture Encyclopedia - Hotel reservation - A woman who opened a room after drinking in Anhui died unexpectedly in the guest room, and the hotel was compensated 90,000 yuan. What do you think of this result?

A woman who opened a room after drinking in Anhui died unexpectedly in the guest room, and the hotel was compensated 90,000 yuan. What do you think of this result?

I don't think this result is reasonable at all, because the woman died unexpectedly in the guest room, so the hotel has a large part of the responsibility and should pay more, which is also a comfort to the girl's parents.

The case happened on the night of August 3, 20201. A woman in dangtu county, Ma 'anshan, Anhui met a friend for supper, and then two people at the same table, including the woman A Juan, fell into a state of drunkenness and unconsciousness due to excessive drinking. After the other party was taken to the hospital, A Juan was opened by a friend in a local restaurant with his ID card and was carried into the room to rest. The friend settled the woman and left.

Unexpectedly, the next morning, the female friend found that her lips were purple and there was vomit in her mouth, so she called 120 to be sent to the hospital for rescue, but it was too late and she died unfortunately. After identification, A Juan died of alcoholism. After hearing the news, his family was heartbroken. They sued the six people who ate and drank with Ajuan that night and the hotel where Ajuan had an accident, demanding compensation for economic losses of 1 10,000 yuan.

However, the hotel believes that A Juan's death has no causal relationship with the hotel and should not be held responsible. After trial, the court ruled that six people were liable for compensation ranging from 0.5% to 12%, and the compensation ranged from 4,000 yuan to 1 1000 yuan, of which the hotel was an infringement by omission, and the compensation was more than 90,000 yuan.

Although the hotel refused to accept the appeal after the judgment of the first instance, the court of second instance still upheld the judgment of the first instance on the amount of compensation for the defendant. The court of first instance held that a hotel, as an operator of the hotel industry, should fulfill its duty of care and security for its guests. Not registering the victim, A Juan, and letting others take her into the hotel room failed to fulfill the obligation of safety protection for consumers, which is an omission.

It can be seen that * * *' s drinking behavior should be to notice in advance that others may be in a dangerous state when they are drunk. Therefore, * * * * drinkers have certain duty of care to each other, including reminding, discouraging, caring and escorting. If the above obligations are not fully fulfilled, causing personal injury to the drinker after drinking, it constitutes tort of omission and should be liable for compensation.

So as long as the drunken people are sent home to settle down, they can be completely exempted. In addition to not sending comatose drunken people home or to a safe place, common fault behaviors include persuading them to drink, spelling wine, forcibly persuading them knowing that they can't drink or have related diseases, and letting them get drunk and drunk knowing that they are drinking.