Traditional Culture Encyclopedia - Hotel reservation - How should the hotel compensate for the customer's fall in the hotel?

How should the hotel compensate for the customer's fall in the hotel?

The hotel's wetland caused consumers to fall, and the hotel should compensate. According to the subtitle, both sides need to bear certain responsibilities. 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 don't need to go to court. The specific division of responsibilities depends on the degree of fault of both parties.

According to consumer protection law

Article 7 stipulates that consumers have the right to protect personal and property safety when purchasing or using commodities or receiving services.

Article 18 further refines the obligation of operators of catering and other business premises to ensure the safety of consumers in their business premises. Operators have the obligation to protect consumers' personal and property safety, including not only that operators should provide goods that meet national standards and industry standards, but also that operators should provide consumers with a safe consumption environment. Therefore, the hotel should bear the corresponding tort liability for failing to fulfill its security obligations due to the slippery ground that caused consumers to fall and get injured.

Extended data

Legal liability for damage caused by failure to fulfill safety guarantee obligations;

According to the Tort Liability Law of People's Republic of China (PRC)

Thirty-seventh hotels, shopping malls, banks, stations, entertainment venues and other public places managers or organizers of mass activities, failed to fulfill their security obligations, causing damage to others, should bear tort liability. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities.

Article 38 If a person without capacity for civil conduct suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the responsibility, but if he can prove that he has fulfilled his educational management duties, he shall not bear the responsibility.

Article 39 If a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, and the school or other educational institution fails to fulfill its educational management responsibilities, he shall bear the responsibility.

Article 40 If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury from a person other than a kindergarten, school or other educational institution during his study and life, the infringer shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

References:

The hotel should compensate for the customer's fall due to the wet ground-Xiangyang Industrial and Commercial Bureau.