Traditional Culture Encyclopedia - Hotel reservation - How to compensate for the child's fall in the hotel?
How to compensate for the child's fall in the hotel?
The compensation for accidental falls in hotels depends on the personal injury, and the amount of compensation is not fixed and unified. The victim can claim to the hotel that the medical expenses, nursing expenses and transportation expenses paid for the fall are reasonable expenses for treatment and rehabilitation, and the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If children have an accident while eating and the restaurant fails to fulfill its security obligations, it shall bear tort liability. If it is caused by the child's own fault, the restaurant is not responsible; If damage is caused by the behavior of a third person, the third person shall bear the tort liability.
The accidental fall of the hotel shall be compensated according to the following standards:
1, the amount of compensation is not fixed and unified, depending on the individual's victimization;
2. Compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as income reduced due to missed work;
3. If disability is caused, assistive devices and disability compensation shall also be compensated.
To sum up, it depends on the specific situation. If disability is caused, the standard is that medical expenses are calculated according to medical expenses, medical expenses, hospitalization expenses and other expenses; The lost time fee is calculated according to the actual reduced income or the average income in the last three years; Disability compensation is calculated for 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located.
Legal basis:
Article 1 198 of the Civil Code of People's Republic of China (PRC).
Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.
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.
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