Responsibility division of bathroom falling

Responsibility division of bathroom falling

The law plays an important role in protecting our legitimate rights and interests in the division of bathroom responsibilities. In fact, every aspect of our life is related to the law, and legal help can be used for things that are difficult to negotiate. The following is the division of responsibilities of the bathroom.

How to judge the division of responsibility for toilet falls 1 the division of responsibility for accidental toilet falls?

Case review:

Recently, Li, a resident of our city, and his colleagues took a bath in a public bathroom in a town. Because the bathroom stairs were slippery, they accidentally fell down the stairs and were injured. The next day, Li went to the hospital for treatment and was diagnosed with an elbow fracture. After leaving the hospital, Li asked the bathroom owner to bear the liability for compensation on the grounds that he fell. After the two sides had a dispute over compensation, Li sued the city court, demanding that the bathroom owner compensate for medical expenses, hospital food subsidies, nutrition expenses, lost time and nursing expenses totaling 80,000 yuan.

Legal analysis:

The court held through trial that the defendant's bathroom owner could not prove that he used anti-skid brick mats and other anti-skid articles in the bathroom when Li was injured, nor could he prove that he posted anti-skid warning signs on the wall. As the operator of the bathroom, there is a big fault in the plaintiff's injury.

However, as a person with full capacity for civil conduct, Li failed to observe, pay attention to and carefully safeguard his own safety when the toilet road was slippery, and there were certain faults. In the end, according to the specific case, the court ruled that Li should bear 30% of his economic losses, and the defendant should bear 70% of his economic losses.

The judge suggested that managers of hotels, shopping malls, banks, stations, entertainment places and other public places or organizers of mass activities should bear tort liability if they fail to fulfill their security obligations and cause damage to others; If the infringer is also at fault for the occurrence of the damage, the liability of the infringer may be reduced.

In this case, the toilet belongs to the business premises, and it has corresponding security obligations for the main body engaged in consumption activities in its business premises. When the toilet road is slippery, the potential safety hazards should be eliminated in time, and the hazards should be clearly indicated to ensure the personal safety of the bathers as much as possible. As a bather, we should also pay attention to observation in humid environment such as bathroom, increase our awareness of self-prevention and prevent accidental injuries.

The responsibility for falling in the bathroom is divided into two parts. Who should be responsible for slipping and getting injured in the shower? The civil code answers for you!

Case review

When Mr. Zhang and his friends were taking a bath, their feet slipped and fell to the ground, and they were identified as grade 10 disability. To this end, Mr. Zhang spent more than 40,000 yuan on medical expenses, transportation expenses, disability compensation and appraisal fees. Warning signs are not set in the bathing area, and non-slip mats are not laid in the shower room. If you fail to fulfill your security obligations, you should be liable for compensation. So I ask you to pay for medical expenses, disability compensation, appraisal fees, etc. , totaling more than 580,000 yuan.

Bath argued that his company had closed down and it was impossible to verify whether Mr. Zhang fell and was injured in the store. In addition, there is a warm reminder board in the lobby, a warning sign of "slide carefully" in the bathing area, non-slip floor tiles in the shower room, non-slip slippers and service personnel. The company has fulfilled its security obligations, so it does not agree to assume the liability for compensation.

During the trial, Mr. Zhang provided the VIP card for bathing, the consumption records of the day, the medical records of the hospital and the appraisal opinions to prove the fact that he fell in the shower and the damage consequences. At the same time, Mr. Zhang applied for his friends Mr. Yang and Mr. Xu to testify in court. The above witnesses prove that Mr. Zhang fell and was injured in the shower, and there were no warning signs and non-slip mats in the bathing area. Bathing did not submit any evidence to the court.

Court hearing

The court held through trial that Mr. Zhang claimed that he fell and was injured while taking a bath. In response to this lawsuit, Mr. Zhang provided VIP cards, consumption records, witness testimony, medical records and other evidence. The above evidence can be mutually confirmed, and a complete chain of evidence has been formed, which is enough to prove Mr. Zhang's claim. Bathing only indicated that it was impossible to verify the situation because its company had stopped operating, but no evidence was provided to refute Mr. Zhang's claim. In this case, the court accepted Mr. Zhang's claim of falling in the shower.

Mr. Zhang claimed that the bathing did not fulfill the obligation of safety guarantee, and provided witness testimony to prove that there were no warning signs and non-slip mats in the bathing area. Although the bath claimed that it had set up warning signs and fulfilled its security obligations, it did not provide corresponding evidence to prove it, so the court refused to accept this claim.

Judging from Mr. Zhang's self-reported events, as an adult, he should know that he is prone to fall in the shower and should pay attention, but he has not fulfilled his duty of full attention. Therefore, the court ruled that Mr. Zhang was mainly responsible for the occurrence of this case, and bathing was secondary. As appropriate, the proportion of bathing responsibility is 20%.

The judge's statement

Article 1 198 of the Civil Code 1

Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.

Article 173 of the Civil Code

If the infringer is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced.

In this case, the bath, as the operator of public places, has the obligation to protect Mr. Zhang's safety and take certain measures to prevent damage. There is a certain fault in not setting a clear warning sign in the bathing place and failing to fulfill the obligation to prevent potential dangers. As a person with full capacity for civil conduct, Mr. Zhang should fully foresee the possible dangers in the bathing process, but he failed to fulfill his duty of care and should bear the main responsibility for the consequences of his own damage.

As an operator, we should take the maintenance of consumers' life safety as the top priority of our work, regularly inspect facilities and equipment, set warning signs or warning slogans at eye-catching positions of potentially risky equipment and areas for prompt, and fulfill the obligation of rescue in time in case of damage to prevent the loss from expanding. As consumers, they should fully observe the surrounding environment, strengthen the awareness of safety precautions in areas with warning signs, fix and save evidence in time after accidents, and avoid adverse legal consequences due to failure to provide evidence.

The responsibility division of toilet falls is 3 1. Who will bear the responsibility for the accident in the shower?

1. In case of accidental injury during bathing in the bath, it shall be liable according to the following circumstances:

(1) Responsibility of bath operators. Bath operators fail to fulfill their security obligations such as safety warning, and the operators shall bear the responsibility.

(2) Third-party liability. If the damage is caused by a third person, the third person shall be liable for compensation.

(3) the responsibility of the parties. The damage caused by the party concerned is due to its own reasons, and if others are not at fault, the party concerned shall bear the responsibility.

2. Legal basis: Article 165 of the Civil Code of People's Republic of China (PRC), and Article 1 198, Liability of the security obligor.

Second, what does the security obligation mean?

1. The security obligation refers to the security obligation undertaken by the business operator in the business premises for the personal and property safety of consumers, potential consumers or other people who enter the service premises according to law.

2. The security obligation is based on the need of fairness and justice under the principle of honesty and credit. It is a legal obligation, and the obligor must fulfill the corresponding security obligation, which is an obligation of positive action.

3. Those who violate the security obligations and cause damage to others shall bear corresponding responsibilities. In the principle of imputation, the principle of fault liability is applied to the security obligation, and the injured party bears the burden of proof that the obligor is at fault.

4. The subject of security obligation is all owners, operators and others who have the security obligation to enter a specific place to hold social activities, including natural persons, legal persons and other organizations, such as managers of public places such as hotels, shopping malls, supermarkets, hotels, banks, stations and entertainment places or organizers of mass activities. The same feature of such subjects is that they have actual control over the place.

According to the provisions of the Civil Code, in case of accidental injury in bathing, the responsible person shall be determined according to the actual situation. For example, bath operators fail to fulfill their security obligations, such as failing to give safety warnings, and operators should bear the responsibility.