Ningbo, Zhejiang, Ms. Zhao went to the bathing center to take a bath, stripped naked, and suddenly found a man walking out of the shower area opposite, Ms. Zhao was frightened to stay where she was, but then, another man came out

Ningbo, Zhejiang, Ms. Zhao went to the bathing center to take a bath, stripped naked, suddenly found that the opposite shower area out of a man, Ms. Zhao frightened to stay in place, but then, another man, because Ms. Zhao was not hanging at the time, so was looked at by two men.

Subsequently, Ms. Zhao got dressed, did not even take a bath, and found the person in charge of the bathing center to ask for an explanation, and the person in charge of the bathing center said that due to the failure of the shower equipment at the time of the crime, two maintenance masters were repairing the equipment, but because of the negligence of the staff, ms. Zhao was not reminded in time, and now she is willing to apologize to Ms. Zhao.

In the face of the apology of the bathing center, Ms. Zhao did not accept it, Ms. Zhao believed that she was a weak woman, who was seen by two strange men and suffered great damage to her spirit, so she asked the other party to compensate her mental damage of 10,000 yuan.

However, the bathing center believed that Ms. Zhao's lion opened her mouth widely, so it refused to compensate, and because the two sides negotiated the amount of compensation, Ms. Zhao filed a complaint against the bathing center to the court.

#普法行动 #

Going to the bathing center alone to take a bath, but suddenly two big men appeared, Ms. Zhao's mood can also be understood, so as far as this case is concerned, what responsibilities should the bathing center bear?

The first is liability for breach of contract.

According to the provisions of the Civil Code on the contract, when Ms. Zhao came to the bathing center to take a bath, she reached a service contract relationship with the bathing center, that is, Ms. Zhao paid the corresponding price, and the bathing center not only provided a comfortable bathing environment, but also ensured that Ms. Zhao's basic privacy problems were guaranteed.

In this case, the bathing center, as a party to the contract, was infringed on Ms. Zhao's privacy rights due to work negligence, so the bathing center had the problem of defects in the performance of the contract.

Based on this, Ms. Zhao can fully pursue the other party's liability for breach of contract and apply for necessary compensation at the same time as rescinding the contract.

The second is tort liability.

According to article 1198 of the Civil Code, operators, managers or organizers of mass activities in business places such as shopping malls, banks, entertainment venues, etc., who fail to fulfill their obligations to ensure safety and cause harm to others, shall bear tort liability.

In this case, the bathing center as a public place, under the premise that the women's bath was repaired by workers, even if there was no special person on duty, a special warning sign should be set up, but the bathing center was negligent, and these safety measures were not available, so the bathing center had obvious faults and must bear the full liability for compensation.

Of course, there is also a certain limit to the full compensation liability, and Ms. Zhao is not wrong to ask for compensation for moral damages, but it is really difficult to get the support of the court for 10,000 yuan.

In the end, after mediation by the court, the bathing center decided to compensate Ms. Zhao for mental losses of 5,000 yuan.

Seeing the compensation result, some people think that the compensation is too much, and some people think that the compensation is appropriate, so dear readers, how do you think about this matter, welcome to leave a message, comment, exchange.

#Ningbo Headline# #宁波 #