In Ningbo, Zhejiang, an infuriating thing happened. Ms. Zhao, who is more than 40 years old, went to a bathing center to take a bath, stripped off her clothes, entered the bathing area, and when she was ready to wash her hair, she suddenly came out from the opposite side of the shower area with a man, and Ms. Zhao was confused at the time, and it didn't take long to come out of a tall man. (Source: Guangming Network)
Ms. Zhao was so frightened and screamed, panicked, and ran out of the shower area quickly. The bathroom staff heard the noise, and the indignant Ms. Zhao immediately called the police and asked the bathroom to apologize and compensate for the mental loss of 10,000 yuan.
After investigation, two men were the staff responsible for bathroom maintenance, and at the time of the crime, there were facilities in the women's bath area that were being repaired. However, the repair is repaired, but there is no relevant warning sign at the bathroom site, and no one has given any reminder to consumers like Ms. Zhao, so it has led to Ms. Zhao being scared by the light without her knowledge, and her privacy has been violated.
According to article 1032 of the Civil Code, natural persons enjoy the right to privacy, and no organization or individual may infringe on the privacy of others without the permission of others by means of intrusion, leakage, etc. Due to the confusion or lack of work in the bathroom management, Ms. Zhao's privacy rights have been violated, and the bathroom party shall bear the corresponding tort liability.
In addition, Ms. Zhao went to the bathroom to consume, and the bathroom party provided comfortable and safe bathing services to Ms. Zhao, and the service contract relationship formed between the two parties. Due to the lack of management of the bathroom party, there are defects in the performance of the contract, and the bathroom party shall bear the corresponding liability for breach of contract.
Due to the competitive relationship between the breach of contract and the tortious act of the bathroom party, Ms. Zhao can only claim compensation from the bathroom party based on one of them, and both can claim compensation for moral losses.
Some people asked, what is the concept of 10,000 yuan of mental damage fee, and whether Ms. Zhao's claim can be supported?
Generally speaking, there are two kinds of consolation payments for mental damage, and there are five levels of consolation for serious mental damage of 10,000 to 50,000 yuan, and there are four levels of consolation for general mental damage of 2,000, 4,000, 6,000, and 8,000 yuan.
For example, if an accident causes the death of one person, the victim's family can generally receive 50,000 yuan in mental damages when claiming mental damages. In this case, in view of the degree of fault of the bathroom party, as well as the circumstances of the fault and the consequences caused, Ms. Zhao was able to claim a general consolation payment for mental damage. Therefore, according to the above four levels, she advocates a mental loss fee of 10,000 yuan, which is difficult to get support in judicial practice.
We can see from the report that in the end, Ms. Zhao accepted a written apology from the bathroom side, and the court sentenced the bathroom party to compensate Ms. Zhao for mental damage of 5,000 yuan.
Anyway, when something like this happens, neither the bathroom party nor Ms. Zhao wants to see it. Or I hope that public business places such as bathrooms will try to do the management work in place, fulfill the contract of serving customers, and protect the legitimate rights and interests of customers, only in this way, there will be more and more repeat customers, and the business can become more and more prosperous.
What do you think about that?
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