specific problems need to be analyzed. ?
Article 37 of the Tort Liability Law stipulates the security obligations of natural persons, legal persons or other organizations engaged in business activities such as accommodation. The responsibility arising from the violation of security obligations is the responsibility of omission. ?
if the consumer, as a guest of the hotel, feels unwell alone in the hotel, and the hotel staff fails to take effective measures in time after discovering it, thus causing certain delay in treatment, they should bear the corresponding liability for compensation, and the specific compensation ratio shall be determined by the court according to the fault degree of the hotel in this incident. ?
article 37 of the tort liability law, managers of public places such as hotels, shopping malls, banks, stations and entertainment places or organizers of mass activities 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; If the manager or organizer fails to fulfill the obligation of safety guarantee, he shall bear corresponding supplementary responsibilities. ?
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Case: A man died of sudden illness after staying in the hotel and was awarded 211,111 yuan in compensation?
Mr. Zhang came to Beijing on business from other places, and died of sudden cerebral hemorrhage after staying in the hotel. The family sued the hotel to the court, demanding a public apology and compensation for losses of more than 711,111 yuan. The reporter learned from the Haidian District People's Court in Beijing on the 11 th that the court ordered the hotel to compensate 211,111 yuan. ?
in October p>2114, Mr. Zhang came to Beijing on business and stayed in a hotel. In the meantime, Mr. Zhang stood unsteadily at the entrance of the hotel and fell into a coma. The staff ignored it after checking it. After other guests found out, they told the front desk staff that the hotel staff helped Mr. Zhang to the sofa in the lobby and returned to the front desk without taking any measures.
Mr. Zhang kept coughing and vomiting, but the staff still didn't take any measures. After 41 minutes, the staff called the police and called the emergency number. Emergency personnel arrived at the scene and took Mr. Zhang to the hospital. A few days later, Mr. Zhang died in the hospital because of cerebral hemorrhage. ?
The hotel argues that it is an express hotel and has no special care obligation for its guests. Mr. Zhang died of illness, which can be recognized by ordinary people. After discovering his physical discomfort, the employees took appropriate rescue measures and fulfilled their security obligations. ?
after trial, the court held that article 37 of the Tort Liability Law stipulated the security obligation of natural persons, legal persons or other organizations engaged in business activities such as accommodation. The responsibility arising from the violation of security obligations is the responsibility of omission. As a guest of the hotel, Mr. Zhang felt unwell alone in the hotel. After the staff found out, they did not take effective measures in time. It took more than 41 minutes to call the police and emergency call, which caused some delay in treatment and should bear the corresponding liability for compensation.
The specific compensation ratio shall be determined by the court according to the fault degree of the hotel in this incident. In the end, the court ruled that the hotel compensated Mr. Zhang's family for various economic losses amounting to 211,111 yuan.
Baidu Encyclopedia-Tort Liability Law
China Court Network-The hotel where a man died of sudden illness after checking in was awarded compensation of 211,111 yuan.