The legal basis of the liability for compensation for bath falls
The legal basis of the liability for compensation for bath falls plays an important role in protecting our legitimate rights and interests. In fact, every aspect of our life is related to the law. The legal basis of the liability for bath falls is as follows. The legal basis of the liability for compensation for falls in the bath 1
1. How to divide the liability for falls in the bath of customers
1. According to the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Cases of Personal Injury Compensation, if a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within reasonable limits and causes personal injury to others, the people's court requests the obligee to bear the corresponding liability for compensation.
As a place to engage in business activities, a store must assume the obligation to ensure the safety of its customers. If the behavior of neglecting the obligation of safety guarantee leads to the damage of the victim, and he is subjectively at fault, he must bear the liability for damages.
2. Inform every customer, which is the right and obligation of informing in the law.
According to the relevant provisions of the Civil Code, shopping malls should compensate customers for their medical expenses. Because the mall didn't clean the floor and didn't take anti-skid measures, customers had accidents, which is the fault of the mall, so it should bear part of the responsibility and compensate customers for their losses. If necessary measures are taken in the shopping mall to take care of and protect customers, the shopping mall is not at fault and does not need to pay compensation.
3. If the staff of the employing unit causes damage to others due to the execution of work tasks, the employing unit shall bear the tort liability.
4. Managers of hotels, shopping malls, banks, stations, entertainment places and other public places or organizers of mass activities who fail to fulfill their security obligations and cause damage to others shall bear tort liability.
Second, what should I do if I fall into a consumer place?
When customers shop in the mall, the mall should provide safe services, such as "Slip carefully" and "Don't touch fragile", so as to avoid misunderstanding by consumers. Merchants should be responsible for customer injuries. The key lies in whether the mall has fulfilled its security obligations. If it has not fulfilled its obligations, it needs to bear the corresponding liability for compensation. If it has fulfilled its security obligations, it does not need compensation.
according to the provisions of the law on the division of customers' responsibility for slipping and falling, customers should observe whether the safety guarantee and safety tips of the consumer place are in place in time after falling, or ask for a monitoring record from the place. The legal basis of the liability for compensation for falls in the bath 2
1. Who will bear the responsibility for accidents in the bath
1. In case of accidental injuries in the bath, the liability shall be borne according to the following circumstances:
(1) Responsibility of bath operators. Bath operators fail to fulfill their security obligations, such as failing to give safety warnings, and the operators shall bear the responsibility.
(2) third party liability. If the injury is caused by a third person, the third person shall be liable for compensation.
(3) liability of the parties. If the injury of the party concerned is caused by his own reasons and no one else is at fault, the party concerned shall bear the responsibility.
2. Legal basis: Article 165 of the Civil Code of the People's Republic of China, the principle of fault liability, and Article 1198, the liability of the security obligor
2. What is the meaning of the security obligation
1. The security obligation refers to the security obligation that the operator undertakes in accordance with the law for the personal and property safety of consumers, potential consumers or other people entering the service place.
2. The security obligation is based on the needs of fairness and justice under the principle of good faith. It is a legal obligation, and the obligor must fulfill the corresponding security obligation, which is a positive obligation.
3. Those who violate the safety guarantee obligation and cause damage to others should bear corresponding responsibilities. In terms of the principle of imputation, the safety guarantee obligation should apply the principle of fault liability, and the injured party should bear the burden of proof that the obligor is at fault.
4. The subject of security obligation is the owner, operator and other people who have security obligation to enter the specific place where social activities are held, including natural persons, legal persons and other organizations, such as managers of public places such as hotels, shopping malls, supermarkets, hotels, banks, stations and entertainment places or organizers of mass activities. The same feature of such subjects is that they are responsible for this place.
according to the provisions of the civil code, in case of accidental injury during bathing in the bath, the responsible person shall be determined according to the actual situation. For example, bath operators fail to fulfill their security obligations, such as failing to give safety warnings, and the operators shall bear the responsibility. The legal basis of the liability for compensation for bath falls 3
How to compensate for bath falls?
Basic case:
Plaintiff: Zou X, male, born on April 4th, 1991, Han nationality, farmer, living in Yunlong District.
agent ad litem: yang XX, lawyer from Jiangsu XX.
Defendant: XXX Bath Center in tongshan district, Xuzhou, domiciled in tongshan district
Operator: Zhou XX, owner of XX Bath Center, residing in tongshan district.
Zou X filed a lawsuit with the court: 1. The defendant was ordered to compensate the plaintiff for various losses of 69,613.242 yuan, including medical expenses of 11,112.15 yuan, lost time of 24,612 yuan (123.11 yuan *211 days), food subsidies of 911 yuan (111 yuan *9 days) and nutrition expenses of 5,411 yuan (181 yuan *31 days).
2. The litigation costs in this case shall be borne by the defendant. Facts and reasons: At 19: 11 on February 3, 2118, the plaintiff went to the bath operated by the defendant to take a shower. The plaintiff slipped and fell while turning around in the bathroom, and the defendant operator Zhou XX sent the plaintiff to Lintingkou Hospital and paid the relevant expenses. Later, the plaintiff was sent to the Fourth People's Hospital of Xuzhou City by his family. After investigation, the plaintiff was hospitalized for 9 days, and he was ordered to stay in bed for 2-3 months when he was discharged, taking more high protein and protein. Because the defendant failed to fulfill the obligation of safety guarantee, he was completely at fault for the plaintiff's injury and should bear all the liability for compensation, so he filed a lawsuit.
XXX Bath argues that the defendant is an individual industrial and commercial household engaged in bath service, with complete operation procedures; There are no potential safety hazards in the defendant's business premises, and he has fully fulfilled his safety guarantee obligations; The defendant did not know whether or how the plaintiff was injured in the bathing process, and the defendant did not have any fault or responsibility. The plaintiff asked the defendant to bear the liability for compensation, which has no factual and legal basis, and asked the court to reject the plaintiff's claim.
Lawyer's analysis:
Citizens' rights to life, health and body are protected by law, and no one can infringe upon them. This case is a dispute over the responsibility of managers of public places. Article 37 of the Tort Liability Law of the People's Republic of China stipulates: "Management of public places such as hotels, shopping malls, banks, stations and entertainment places.
the plaintiff entered the defendant's bath to take a bath, and the operator of the bath has the obligation to protect the plaintiff's personal safety, and he should take appropriate measures to avoid and control the danger within his control. Although XXX Bathroom has posted "Warm Tips", "Patients with hypertension, heart disease and skin diseases should not take a bath", "Old people, children and people with mobility difficulties must be accompanied by a special person to take a bath".
Before the plaintiff fainted in this case, there were staff members of the defendant chatting around the plaintiff. They didn't help the plaintiff when they saw it, and they didn't help the plaintiff after falling down. What was most irritating was that the staff members of the defendant didn't help the plaintiff after the plaintiff got up by himself, and finally the plaintiff's classmates helped the plaintiff. At this time, the plaintiff's lower lip was bleeding heavily, and the corner of his eye was injured. One of his two front teeth was completely lost and the other was broken in half. At this time, when asked if the defendant's staff had any first-aid supplies, he got a reply of "nothing". When I arrived in the lobby, I called the manager and said I didn't want to take any responsibility.
In an emergency, it was Yang XX, the plaintiff's classmate, who sent the plaintiff to the hospital first, and the plaintiff had spent a lot of money until the prosecution.
As a service place, the defendant had no anti-skid mat, relevant safety facilities and safety tips, no ventilation facilities, and poor ventilation. In addition, the plaintiff was not equipped with first-aid supplies in case of emergency, which led to fainting and injury. According to the first paragraph of Article 6 of the Tort Liability Law of the People's Republic of China, an actor who infringes upon the civil rights and interests of others through fault shall bear the tort liability. Article 16 of the Tort Liability Law of the People's Republic of China: If anyone infringes on others and causes personal injury, he shall compensate the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses and transportation expenses, as well as the income reduced due to missed work.
if the disability is caused, it shall also compensate the living AIDS for the disabled and the disability compensation. If death is caused, funeral expenses and death compensation shall also be paid. Article 26 of the Tort Liability Law of the People's Republic of China: If the infringee is also at fault for the damage, the infringer's liability may be reduced.
article 64 of the civil procedure law of the people's Republic of China: paragraph 1 the parties have the responsibility to provide evidence of their own claims. Article 91 of the Supreme People's Court's Interpretation on Applicability: The parties shall provide evidence to prove the facts on which their claims are based or the facts on which they refute the other party's claims, except as otherwise provided by law. Bathrooms fail to fulfill their security obligations within reasonable limits to prevent damage, and there is some negligence in the consequences of damage, so they should bear corresponding civil tort liability.
court decision:
our court found the following facts through trial: at 19: 11 on February 3, 2118, the plaintiff went to the defendant's bath, and during the bath, the plaintiff slipped and fell, and the defendant's operator sent the plaintiff to the hospital for treatment and paid the relevant expenses. After that, the plaintiff was sent to the People's Hospital by his family. After investigation, the plaintiff was hospitalized for 9 days. When he was discharged from the hospital, he was ordered to stay in bed for 2-3 months, eat more high protein, high vitamins and high calcium and phosphorus, and was discharged for a week for outpatient review. The plaintiff paid the medical expenses of 11112.15 yuan, and paid part of the transportation expenses during the treatment.
The court held that citizens' right to health should be protected by law. Zou X, the plaintiff, slipped and was injured in the defendant's bathroom, and XX should bear the corresponding tort liability for bathing. In this case, the defendant engaged in bath business should post anti-skid warning signs and lay anti-skid mats and other facilities according to relevant regulations. Although the defendant submitted bathroom photos to prove that the defendant had fulfilled relevant obligations, the plaintiff denied that the defendant had failed to fulfill his security obligations when the accident occurred, combined with the corresponding evidence and witness testimony provided by the plaintiff, and based on the evidence submitted by both the original and the defendant and the facts of the case, the defendant should bear the main responsibility for the plaintiff's damage consequences.
according to the law, if the infringer is also at fault for the damage, the infringer's liability can be reduced. As a person with full capacity for civil conduct, the plaintiff should take the initiative to pay attention to his own safety and safety precautions and try his best to avoid accidents when bathing in a well-known wet environment. However, his failure to pay attention during bathing is one of the reasons for this damage accident, so the plaintiff should bear corresponding responsibilities for the damage caused by himself. Based on the fault degree of both parties and the causal relationship with the plaintiff's damage consequences, our court determined that the ratio of the original and defendant's liability was 3:7.
the plaintiff's claim that the defendant should bear all the responsibilities is insufficient, and this court will not confirm it.
With regard to the amount of various losses of the plaintiff, our court has determined as follows:
1. Medical expenses. The plaintiff submitted medical bills, inpatient medical records, outpatient medical records, diagnosis certificates, detailed list of expenses, and registration receipt from the People's Hospital to confirm each other, which can confirm the relevance of his injury and treatment to this case, and confirm its probative force, and accordingly determine that the plaintiff's medical expenses loss is 11112.15 yuan;
2, lost time. I told you to delay the construction period by 211 days, and the lost time fee of 24,612 yuan was too high. Our court determined that the plaintiff's delayed construction period was 69 days, and the standard was 123.11 yuan/day, and the loss was 8487.69 yuan; The hospital will not support the excess;
3. Hospitalization food allowance. The plaintiff claimed to stay in the hospital for 9 days according to the standard of food allowance for staff of state organs on business trips, which was RMB 111 per day, counting as 911 yuan, which was in compliance with the law and was supported by our hospital.
4. Nutrition fee. The plaintiff claimed that the nutrition period was 31 days, and the standard was too high. According to the plaintiff's injury and doctor's advice, our hospital decided that 31 yuan every day, and this loss was 911 yuan. The hospital will not support the excess;
5. Nursing expenses. The plaintiff requested that the nursing period be 2 people and 9 days plus 1 people and 191 days, which was too long, and the second-level nursing was ordered by the doctor, without 2 people; Based on the plaintiff's injury and the doctor's advice issued by the medical institution, our hospital decided that the nursing period was 9 days, and the standard was 123.11 yuan per day, and the loss was 1117.19 yuan. The plaintiff's request for nursing expenses after discharge was not supported by our hospital.
6. Transportation expenses. Although the plaintiff did not provide the transportation bill, this expense was necessary during the plaintiff's treatment. Considering the plaintiff's injury, the distance between his residence and the place of medical treatment, and his treatment and rehabilitation, he supported the plaintiff in this loss, 811 yuan, as appropriate.
the plaintiff's above-mentioned economic losses amount to 23,196.93 yuan, and the defendant will compensate 71%, that is, 16,237.85 yuan.
to sum up, the defendant should compensate the plaintiff for all losses * * * amounting to RMB 16,237.85, and the plaintiff should bear the rest. According to Articles 6, 16 and 26 of the Tort Liability Law of the People's Republic of China, Article 64 of the Civil Procedure Law of the People's Republic of China, "the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" >: Article 91 of the Interpretation stipulates that the judgment is as follows: < P > 1. The defendant XXX Bath Center shall compensate the plaintiff Zou X for various economic losses of RMB 16,237.85 within three days after the judgment takes effect;
2. Reject the plaintiff Zou X's other claims.
if the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China.
Summary of handling the case:
The key to winning this case lies in the importance of collecting evidence under the guidance of lawyers. Obtaining all kinds of evidence through investigation and evidence collection by attorneys is the premise of winning this case. The plaintiff submitted the following evidence:
1. The defendant's market subject information is 1, which proves that the defendant runs a bathing place;
2. Hospital film