The legal basis for Bath to take responsibility for his fall. The law plays an important role in protecting our legitimate rights and interests. In fact, all aspects of our lives are related to the law. The following is the legal basis for Bath to take responsibility for his fall.
The legal basis of Bath's liability is 1 1. How to divide the liability of customers who fall in Bath?
1. According to the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases, 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 a reasonable range and causes personal injury to others, the people's court shall support it.
As a place to engage in business activities, shops must undertake the obligation to ensure the safety of customers. If the act of neglecting the obligation of safety and security leads to the victim's damage, and he is subjectively at fault, he must bear the liability for damages.
2. Inform every customer, which is the right and obligation to inform in law.
According to the relevant provisions of the Civil Law, shopping malls should compensate customers for medical expenses caused by falls. Because the mall didn't clean the floor and didn't take anti-skid measures, it was the fault of the mall, and it should bear part of the responsibility and compensate the customers for their losses. If the shopping mall takes necessary measures to take care of and protect customers, the shopping mall is not at fault and may not pay compensation.
3. If the staff of the employer causes damage to others due to the execution of work tasks, the employer shall bear the tort liability.
4, hotels, shopping malls, banks, stations, entertainment places and other public places managers or organizers of mass activities, failed to fulfill their security obligations, causing damage to others, shall bear tort liability.
Second, what should I do if I fall into the consumer place?
When customers shop in the mall, the mall should provide safety services, such as "slide carefully" and "don't touch fragile objects", so as not to cause misunderstanding among consumers. If the customer is injured, the merchant should be responsible. The key lies in whether the mall has fulfilled its security obligations. If you fail to fulfill your obligations, you need to bear the corresponding liability for compensation. If you have fulfilled your security obligations, you don't need compensation.
According to the Law on the Division of Responsibility for Slip and Fall of Customers, when customers fall, they should observe whether the safety guarantee and safety tips in the consumer places are in place in time, or ask for monitoring records from the places.
The legal basis of liability for bathing falls 2 pages. Who will bear the responsibility for the accident in the shower?
1. In case of accidental injury during bathing in the bath, it shall be liable according to the following circumstances:
(1) Responsibility of bath operators. Bath operators fail to fulfill their security obligations such as safety warning, and the operators shall bear the responsibility.
(2) Third-party liability. If the damage is caused by a third person, the third person shall be liable for compensation.
(3) the responsibility of the parties. The damage caused by the party concerned is due to its own reasons, and if others are not at fault, the party concerned shall bear the responsibility.
2. Legal basis: Article 165 of the Civil Code of People's Republic of China (PRC), and Article 1 198, Liability of the security obligor.
Second, what does the security obligation mean?
1. The security obligation refers to the security obligation undertaken by the business operator in the business premises for the personal and property safety of consumers, potential consumers or other people who enter the service premises according to law.
2. The security obligation is based on the need of fairness and justice under the principle of honesty and credit. It is a legal obligation, and the obligor must fulfill the corresponding security obligation, which is an obligation of positive action.
3. Those who violate the security obligations and cause damage to others shall bear corresponding responsibilities. In the principle of imputation, the principle of fault liability is applied to the security obligation, and the injured party bears the burden of proof that the obligor is at fault.
4. The subject of security obligation is all owners, operators and others who have the security obligation to enter a specific place to hold social activities, 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 have actual control over the place.
According to the provisions of the Civil Code, in case of accidental injury in bathing, 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 operators should bear the responsibility.
The legal basis of the liability for compensation for bath falls 3 How to compensate for bath falls?
Basic information:
Plaintiff Zou X, male,1born in April 1990, Han nationality, farmer, living in Yunlong District.
Authorized Agent: Yang XX, lawyer of Jiangsu XX.
Defendant: XXX Bath Center in tongshan district, Xuzhou, with its domicile in tongshan district.
Operator: Zhou XX, owner of XX Bath Center, living in tongshan district.
Zou X sued the court: 1, and ordered the defendant to compensate the plaintiff for various losses of 696 13.242 yuan. Including medical expenses 1 1002. 15 yuan, lost time of 24,602 yuan (123.0 1 yuan *200 days) and food allowance of 900 yuan (100 yuan *9 days). The nursing fee is 25,709.09 yuan (123.0 1 yuan *9 days *2 people+123.0 1 yuan */day) and the transportation fee is 2,000 yuan;
2. The litigation costs in this case shall be borne by the defendant. Facts and reasons: At about February 13, 2065438, the plaintiff took a bath in the bath managed by the defendant. 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 related expenses. Later, the plaintiff was sent to the Fourth People's Hospital of Xuzhou by his family.
After investigation, the plaintiff suffered a compression fracture of lumbar vertebra 4 and was hospitalized for 9 days. When leaving the hospital, he was ordered to stay in bed for 2-3 months, and his diet was mainly high in protein, vitamins and calcium and phosphorus. He was discharged from the hospital for a week for outpatient review. Because the defendant failed to fulfill his security obligations, he was completely at fault for the damage to the plaintiff 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 operating 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 bath, and the defendant had no fault or responsibility. The plaintiff asked the defendant to bear the liability for compensation, which had no factual and legal basis, and requested the court to dismiss the plaintiff's claim.
Lawyer analysis:
Citizens' rights to life, health and body are protected by law, and no one may infringe upon them. This case is a dispute over the responsibility of managers in public places. Article 37 of the Tort Liability Law of People's Republic of China (PRC) stipulates: "Managers of public places such as hotels, shopping malls, banks, stations and entertainment places or organizers of mass activities fail to fulfill their security obligations, causing damage to others.
When the plaintiff enters the defendant's bath, the bath operator has the obligation to protect the plaintiff's personal safety, and should take appropriate measures to avoid and control the dangers within its control. Although XXX bathroom posted a "warm reminder", "patients with hypertension, heart disease and skin disease should not take a bath", "the elderly, children and people with mobility difficulties must be accompanied by a special person to take a bath".
Before the plaintiff fainted in this case, the defendant's staff chatted around the plaintiff. They didn't help the plaintiff when they saw it, or when they fell down. The most irritating thing is that after the plaintiff got up, the defendant's staff did not help the plaintiff, and finally the plaintiff's classmates helped the plaintiff. At this time, the plaintiff's lower lip was bleeding heavily and her eyes were 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 first aid supplies, the reply was "no". When I arrived in the lobby, I called the manager and said I didn't want to take any responsibility.
The situation was urgent. It was the plaintiff's classmate Yang XX who sent the plaintiff to the hospital first. Before the prosecution, the plaintiff had spent a lot of money.
As a service place, the defendant had no anti-skid mat, relevant safety facilities and safety tips, no ventilation facilities, poor ventilation and no first-aid supplies in an emergency, which led to the plaintiff fainting and being injured. According to the first paragraph of Article 6 of the Tort Liability Law of People's Republic of China (PRC), if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. Article 16 of the Tort Liability Law of People's Republic of China (PRC): Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work.
If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid. Article 26 of the Tort Liability Law of People's Republic of China (PRC): If the infringed is also at fault for the damage, the liability of the infringer may be reduced.
In the first paragraph of Article 64 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the responsibility to provide evidence for their claims. The Supreme People's Court's Interpretation of Application Article 90: The parties shall provide evidence for the facts on which their claims are based or the facts that refute the claims of the other party, unless otherwise provided by law. Toilets 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.
The court ruled that:
Our court found out the following facts through trial: On February 3, 2065438+2008 19, the plaintiff went to the defendant to take a bath. When taking a bath, the plaintiff slipped and fell, and the defendant operator sent the plaintiff to the hospital for treatment and paid the relevant expenses. Afterwards, the plaintiff was sent to the People's Hospital by his family. After investigation, the plaintiff was hospitalized for 9 days. When you leave the hospital, you are told to stay in bed for 2-3 months, eat more high protein, vitamins and calcium and phosphorus, and leave the hospital for a week for outpatient review. The plaintiff paid the medical expenses 1 1002. 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 bathing business should post anti-skid warning signs and lay anti-skid mats and other facilities according to relevant regulations. Although the defendant submitted photos of the bathroom to prove that the defendant had fulfilled the relevant obligations, the plaintiff denied that the defendant had failed to fulfill the safety guarantee obligations at the time of the accident. Combined with the corresponding evidence and witness testimony provided by the plaintiff, based on the evidence submitted by both the original and the defendant and the facts of this 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 liability of the infringer 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 taking a bath in a well-known humid environment. However, his carelessness in taking a bath is one of the reasons for this damage accident, so the plaintiff should bear the corresponding responsibility 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 liability ratio of the original defendant was 3:7.
The evidence that the plaintiff claimed that the defendant was fully responsible was insufficient, and this court refused to confirm it.
With regard to the amount of the plaintiff's loss, our court has determined as follows:
1, medical expenses. The plaintiff submitted the medical bills, inpatient medical records, outpatient medical records, diagnosis certificate, detailed list of expenses and registered receipt of 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, it is determined that the plaintiff's medical expenses loss is 1 1002. 15 yuan;
2. Lost time. I'm telling you that the construction period is delayed by 200 days, and the lost time fee of 24,602 yuan is too high. Our court found that the plaintiff delayed the construction period for 69 days, and the standard was 123.05438+0 yuan/day, with a loss of 8,487.69 yuan; The hospital will not support the excess;
3. Hospitalization food allowance. The plaintiff claims to be hospitalized for 9 days according to the food subsidy standard of 100 yuan per day for the staff of state organs, which is in line with the law and our hospital supports it.
4. Nutrition fee. The plaintiff claimed that the nutrition period of 30 days and the daily nutrition period 180 yuan were too high. According to the plaintiff's injury and doctor's advice, our hospital decided to go to 30 yuan every day, and the loss was 900 yuan. The hospital will not support the excess;
5. Nursing expenses. The plaintiff asked for a nursing period of 9 days with 2 people plus 1 person plus 19 1 day, and the time was too long, so the doctor ordered secondary care, and two people were not needed; Based on the injury of the plaintiff and the doctor's advice issued by the medical institution, our hospital decided that the nursing period was 9 days, and the standard was 123.0 1 yuan, 1 person/day. The loss was 1 107.09 yuan, and the plaintiff's request to pay the nursing fee after discharge was not supported by our hospital.
6. Transportation expenses. Although the plaintiff did not provide a transportation ticket, this fee was necessary during the plaintiff's treatment. Considering the plaintiff's injury, the distance between his residence and the place where he went to see a doctor, and the treatment and rehabilitation, he supported the plaintiff's loss of 800 yuan as appropriate.
The plaintiff's above-mentioned economic losses totaled 23 196.93 yuan, and the defendant compensated 70%, namely 16237.85 yuan.
To sum up, the defendant shall compensate the plaintiff for all losses totaling RMB 16237.85 yuan, and the rest shall be borne by the plaintiff. According to Articles 6, 16 and 26 of the Tort Liability Law of People's Republic of China (PRC), Article 64 of the Civil Procedure Law of People's Republic of China (PRC) and Article 90 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows:
1. The defendant XXX Bath Center shall compensate the plaintiff Zou X for various economic losses 16237.85 yuan within three days after this judgment comes into effect;
Second, 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 the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).
Summary of handling cases:
The key to winning this lawsuit lies in the importance of collecting evidence under the guidance of lawyers. Obtaining all kinds of evidence through attorney's investigation and evidence collection is the premise of winning this lawsuit. The plaintiff submitted the following evidence:
Copies of the defendant's market subject information 1 and 1, which prove that the defendant operates a bathing place;
2. 1 hospital image report, which proves that the plaintiff went to the hospital after falling at the defendant's place;
3.8 medical bills and 5 registration fee bills, which prove that the plaintiff lost 1 1002. 15 yuan's medical expenses;
4. There are inpatient medical records 1 copy, outpatient medical records of 65438 copies and video reports of 3 copies, which prove the plaintiff's medical treatment and reexamination;
5, diagnosis certificate 3 copies, prove the doctor's advice to rest time;
6 photos of the bathroom, which prove that the defendant's bathroom has no anti-skid signs and anti-skid facilities;
7.6. 1 DVD, which proves that the defendant failed to fulfill the warning obligation in the corridor and bathroom of the bathing place;
8. The applicant's witness Zheng testified in court, proving that the plaintiff slipped and was injured.
In addition, it should be noted that the burden of proof in such cases is reversed according to the provisions of the Civil Procedure Law, that is, if the bath fails to prove that it has fulfilled its security obligations, it should bear the responsibility.