In Linyi, Shandong, a woman went to the hotel to open an hourly room, and suddenly slammed in the bathroom when taking a shower, and the bathroom glass exploded to the ground, and also scratched her foot, when the blood kept flowing.
After Ms. Cheng's husband took her to the hospital, the examination report showed that the tendon ligament in the second joint of Ms. Cheng's right foot was ruptured.
After being injured, Ms. Cheng could only walk on crutches, and her life was very inconvenient, however, when Ms. Cheng went to the hotel to make a claim, she was caught in a dilemma.
The hotel said that we will never shirk our responsibility, but we need Ms. Cheng to go through the judicial process, and as much as the court judges, they will pay as much as they want.
This is not a big deal, but it is very troublesome to solve, because the amount of compensation will not be very high, and it seems that it is not cost-effective to fight a lawsuit.
Legally speaking, what compensation can Ms. Cheng receive?
First of all, from the perspective of the "Personal Injury and Disability Appraisal", Ms. Cheng's injury rating is not as high as level 10 disability, which means that at least 50,000 yuan of disability compensation is gone.
Secondly, the Civil Code stipulates that those who infringe upon others and cause personal injury shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, and income reduced due to lost work.
In summary, Ms. Cheng can receive compensation for medical expenses, nursing expenses, lost work expenses, nutrition expenses, transportation expenses, etc. Note that the court will not normally support the moral damage fee if it is not assessed as disabled.
After the media intervened, the hotel side relaxed, saying that medical expenses, nursing expenses, lost work expenses and other items, they recognized, but like the amount of lost work expenses, nursing period, etc., the two sides have never reached an agreement.
If Ms. Cheng sues the hotel in court, the court will definitely award the hotel compensation. The problem, however, is that civil law implements the "damage filling" rule. That is to say, the hotel will compensate as much as the loss caused to Ms. Cheng.
Some netizens said that since this is the case, it is very easy to do ah, then fight with the hotel, anyway, the loss can be returned.
Herein lies the problem. Go to the lawsuit yourself, do not understand, find a lawyer to fight the lawsuit, the court generally will not support the compensation of the lawyer's fees, or even if it supports, it will only support a part.
In other words, this kind of lawsuit with a small amount of compensation, it is not cost-effective to find a lawyer to fight a lawsuit, and in the end there may be losses. It can be seen that this kind of small dispute is the best way to resolve it through consultation.
In fact, the hotel's approach is too stingy, the shower room glass burst caused damage to others, which is a product defect dispute.
The Civil Code stipulates that if a defective product causes damage to the person or the property of others, the producer and the seller shall bear no real joint and several liability.
Specific to this case, Ms. Cheng was injured due to the burst of the shower room, and after the hotel compensated her, she could claim compensation from the manufacturer of the shower room, and they were not the ultimate responsible person.
The thing ms. Cheng encountered is a very common dispute in life, but it is the most upsetting dispute, taking the judicial route, time and energy are calculated, it is not worth it, but it is not a lawsuit, and the other party is not willing to compensate.
It is a good way to ask the media for help and let the media come forward to help mediate, and Ms. Cheng is now taking this road.
She can still choose the legal route and sue herself, but it is a little troublesome and takes some time.
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#Hotel bathroom glass burst cut customer tendon # #Linyi headline# #
