In Guangyuan, Sichuan, a man stayed in a hotel when he went from Chongqing to the local area to attend a relative's wedding. On the day of the wedding, the man got up at about 6 o'clock in the morning and went to the bathroom to wash, and after he was ready to clean up, he went out to participate in the wedding.
But what he never expected was that when the man was washing in the bathroom of the hotel, he accidentally fell to the ground, resulting in a coma.
After the family found out, they called the front desk for help and dialed the 120 emergency number. After being taken to the hospital, the doctor said that the man's intracranial hemorrhage had been increasing and that the condition was very serious. More than 10 minutes later, the hospital was pronounced brain dead.
The current situation is that the hospital is waiting for the family to decide whether to "dial the tube"!
The family believes that the hotel is at fault and should be held responsible. Here's why:
First, when the family called the front desk for help, no one answered the phone, and when the 120 ambulance arrived, the person in charge was late.
Second, the ambulance's stretcher could not get on the elevator, which delayed time.
Third, there is no anti-slip device on the marble floor of the bathroom, and the non-slip towel is on the door of the bathroom, and it is not spread on the ground to prevent slipping.
Fourth, there is also no non-slip mat on the bathing floor (the non-slip mat is rolled up and placed aside).
The hotel manager said that the hotel has perfect anti-slip measures, it is impossible to make all the marble floors in the bathroom non-slip, non-slip mats, non-slip towels are available in the room, and there are anti-slip warning signs posted next to the makeup mirror, and the hotel staff also arrived at the scene afterwards.
According to the family, the first time they asked the hotel for an explanation, the hotel was unwilling to take responsibility, and the second time the hotel only agreed to pay 10,000 yuan in humanitarian compensation. However, the family's claim is compensation for death compensation, bereavement pension, alimony, and mental damage to the family.
At present, the attitude of the hotel is that it is impossible for the family to pay as much compensation as they want, and if the negotiation is unsuccessful, it is recommended that the family take the judicial route.
Netizen: Whether the staff answered the phone at the first time has no inevitable causal relationship with the man's brain death
This incident sparked heated discussions among netizens, and some netizens believed: "The man is an adult, and this situation requires the hotel to take responsibility, which is unreasonable and has no factual basis." Some netizens also believed: "There is no inevitable causal relationship between whether the staff answered the phone immediately and the man's brain death." ”
Lawyer: The main responsibility for the above lies with the men themselves
In this regard, the headline number certified author @娟姐看法从法律角度进行解读.
First of all, the parties are in a civil tort dispute. Whether the hotel is liable for this is mainly judged by the following three points: 1) whether there is fault, 2) whether there is a fact of damage, and 3) whether there is a necessary causal relationship between the two.
The fault referred to herein includes, but is not limited to, whether the hotel has fulfilled its legal obligations such as safety guarantees, reminders to pay attention to safety, and active rescue after the incident.
Article 1198 of the Civil Code stipulates that the operator of a hotel or other public place shall bear civil tort liability for causing damage to others due to his failure to fulfill his safety and security obligations.
Note: The obligations referred to above are not unlimited. That is, it is necessary to judge whether the hotel has fulfilled its legal obligations according to the general perception of the society.
In short, we can't assume that the hotel is not at fault for not answering the phone in the first place, after all, it has already happened. At this time, the most important thing is whether the hotel has fulfilled its obligation to actively help, and the hotel's fault must also have a causal relationship with the man's brain death.
Secondly, men are adults and have the primary responsibility for the above.
Article 1165 of the Civil Code stipulates that if a wrongful act causes civil damage to others, he shall be liable for it. However, if the infringed party itself is at fault, the liability of the actor shall be reduced or exempted.
Specifically, men are fully civil juristic actors who are the first to be responsible for their own safety, i.e., they are subject to a duty of great care for safety. Therefore, the damage caused by the man's failure to exercise his duty of care should be borne by himself with the primary responsibility, or even the full responsibility.
Finally, before a party to a civil dispute makes a claim, it should provide evidence to prove that its claim is based on facts, otherwise its claim cannot be established.
Article 67, paragraph 1 of the Code of Civil Procedure stipulates that the parties have the responsibility to provide evidence for their claims.
In short, if you go to court, the family's claim wants to be supported by the court. It is necessary to prove that there is a causal relationship between the loss and the fault of the hotel and the man's brain death, and even if the above two points can be achieved, the hotel is secondarily responsible, and the man himself bears the primary responsibility.
(Gang Gang Comprehensive Xiaoxiang Morning News)