In a hotel in Beijing, the man Zhang and the woman Huang negotiated well, at a price of 300 yuan a time for illegal transactions, the transaction, the police at the police station received the alarm, the police arrived after the waiter led, knocked on the door to show identity.
In the absence of an answer, the police asked the waiter to use the room card to open the hotel door, found that the door was forcibly opened, a man in the room opened a gap to ask "who", the police again identified, asked it to open the door to cooperate with the inspection, the man in the room said "wait a minute", and then closed the door.
After entering the room, the police found a woman Huang Mou (20 years old) sitting on the bed by the window without pants, the police asked the woman where the man who just spoke was, the woman said that the man had climbed out of the window, the police looked out of the window and found a man falling to the ground. The police immediately contacted the emergency personnel to rush to the scene, and after examination, the man died due to ineffective rescue.
After the incident, Zhang's wife believed that the hotel management was chaotic, turned a blind eye to the illegal transactions again, and was liable for Zhang's death, and sued the hotel to the court, claiming 884582.5 yuan.
The death of her husband, as a wife, must be sad, but the wife Zhang Mou is facing being investigated when carrying out illegal transactions, and jumped out of the window to escape, as an adult, you should have a clear understanding of the consequences of jumping off the building. Now also require the hotel to claim 880,000 yuan, there are zeros and a whole decimal point, can only say that Zhang Mou's wife is planning to squeeze the last bit of her husband's value.
So from a legal point of view, is the hotel liable?
Article 1198 of the Civil Code stipulates that operators and managers of public places such as hotels shall bear tort liability if they fail to fulfill their safety and security obligations and cause damage to others.
If only from the above legal provisions, Zhang Mou is in the hotel, then the hotel should be responsible, if it is a slime approach, the hotel will generally bear 10%-20% of the responsibility.
But strictly speaking, Zhang's death is not caused by the fault of the hotel, Zhang mou is in the police inspection of the room when he took the initiative to open the window to jump down, as an adult, Zhang should have a clear understanding of the danger of jumping off the building, knowing that climbing the window of the higher floor may lead to death, still forcibly turning over the window, and eventually leading to his own death. Zhang's behavior is not only based on the consideration of personal interests, but also the result of his own choice in order to evade the arrest of the public security organs.
In the end, after trial, the court held that Zhang's behavior was a self-willing risk, and the hotel had no responsibility, and rejected Zhang's wife's claim.
Although Zhang Mou went to carry out illegal transactions is illegal, his personal safety is still protected by law within a certain range. However, in this case, Zhang Mou's forced window flipping was obviously beyond the scope that the operator could foresee and prevent. Therefore, there is no causal relationship between the hotel and Zhang's death.
Although Zhang's death from the building is regrettable, his evasion of law enforcement cannot be encouraged and supported.
Finally, what are your thoughts on this matter? Feel free to leave a comment below the comments section.
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