Legal Basis for Liability for Fall Injuries in the Bathroom

The legal basis for liability for compensation for falls in bathing pools

The legal basis for liability for compensation for falls in bathing pools. The law plays an important role in protecting our legitimate rights and interests. In our lives In fact, all aspects are related to the law to a certain extent. The following is the legal basis for liability for fall injuries in the bathhouse. Legal Basis for Liability for Compensation for Fall Injuries in the Bathroom 1

1. How to divide the liability for customer injuries caused by a fall in the bath

1. According to the Supreme People's Court's "Interpretation of Several Issues Concerning the Trial of Personal Injury Compensation Cases" According to the provisions of the Act, natural persons, legal persons, and other organizations engaged in business activities such as accommodation, catering, entertainment, or other social activities fail to perform safety protection obligations within reasonable limits, causing others to suffer personal injuries, and the right holder of compensation requests that they bear corresponding liability for compensation. , the People's Court should support it.

As a store that engages in business activities, it must bear the obligation to ensure the safety of customers. If the behavior of neglecting safety protection obligations causes damage to the victim, the store must be subjectively at fault and must bear the responsibility. Liability for damages.

2. Each customer has been informed, which is the right and obligation of notification in the law.

According to the relevant provisions of the Civil Code, shopping malls should compensate customers who fall and are injured. medical expenses. Because the mall did not clean the floor and did not take anti-slip measures, which caused accidents to customers, this is the mall's fault, so it must bear part of the responsibility and compensate customers for their losses. If a fall and injury accident occurs while the mall has taken necessary measures to fulfill its obligation to care for and protect customers, the mall is not at fault and does not need to compensate.

3. If an employer’s staff causes damage to others due to performing work tasks, the employer shall bear tort liability.

4. If managers of hotels, shopping malls, banks, stations, entertainment venues and other public places or organizers of mass activities fail to fulfill their safety guarantee obligations and cause damage to others, they shall be held liable. Liability for tort.

2. What to do if you fall in a shopping mall

When customers are shopping in shopping malls, shopping malls should provide safety services, such as "slip carefully" and "do not touch if it is fragile" to avoid Consumer misunderstanding. Businesses are responsible for customer injuries. The key lies in whether the shopping mall has fulfilled its safety guarantee obligations. If it fails to fulfill its safety guarantee obligations, it needs to bear the compensation liability corresponding to the failure to fulfill its safety guarantee obligations. If it has fulfilled its safety guarantee obligations, there is no need for compensation.

According to the legal provisions on the division of responsibilities for customers who slip and fall, when a customer falls and is injured, they should promptly observe whether the safety guarantee and safety tips of the consumption place are in place, and you can also ask for a copy from the place. Monitoring records. Legal Basis for Liability for Compensation for Fall Injuries in the Bathroom 2

1. Who will bear the responsibility if an accident occurs while bathing in the bath

1. If an accidental injury occurs during bathing in the bath, the liability shall be borne according to the following circumstances Responsibilities:

(1) Responsibility of bathing pool operators. If a bathhouse operator fails to fulfill its safety obligations, such as failing to issue safety warnings, the operator shall bear responsibility.

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

(3) Liability of the parties. If the injury is caused by the party concerned and no one else is at fault, the party concerned shall bear the responsibility.

2. Legal basis: Article 1165 Principle of Fault Liability, Article 1198 Responsibility of Safety Guarantee Persons of the People’s Republic of China and Civil Code

2. What is the safety guarantee obligation? 1. Safety guarantee obligation refers to the operator’s obligation to consumers, potential consumers or other consumers at the business premises. The legal security obligations for the personal and property safety of persons entering service venues.

2. Safety guarantee obligations are derived from the needs of fairness and justice under the principle of good faith. It is a legal obligation. The obligor must perform the corresponding safety guarantee obligations. It is a positive obligation to act.

3. Anyone who violates safety and security obligations and causes damage to others shall bear corresponding responsibilities. In terms of the principle of attribution, the safety and security obligations shall be governed by the principle of fault liability. The injured party shall bear the responsibility if the obligor is at fault. Burden of proof.

4. The subjects of safety guarantee obligations are the owners and operators of specific places engaged in social activities and other persons who have safety guarantee obligations when entering the place, including natural persons, legal persons, and other organizations. For example, managers of public places such as hotels, shopping malls, supermarkets, hotels, banks, stations, entertainment venues, etc. or organizers of mass activities. The most common characteristic of such subjects is that they have actual control over the place. , and a difficult transaction relationship is necessary.

According to the provisions of the Civil Code, if an accidental injury occurs during bathing in a bath, the responsible person must be determined based on the actual situation. For example, if a bathhouse operator fails to fulfill its safety protection obligations, such as failing to provide safety warnings, etc., the operator shall bear the responsibility. Legal Basis for Compensation Liability for Falling in the Bathroom 3

How to compensate for a fall in the bathing pool?

Basic case facts:

Plaintiff: Zou X, male, born on April 14, 1990, Han nationality, farmer, living in Yunlong District.

Authorized litigation agent: Yang XX, lawyer XX of Jiangsu.

Defendant: XXX Bathing Center in Tongshan District, Xuzhou City, domiciled in Tongshan District

Operator: Zhou XX, owner of XX Bathing Center, lives in Tongshan District.

Zou 900 yuan (100 yuan * 9 days), nutrition fee 5,400 yuan (180 yuan * 30 days), nursing fee 25,709.09 yuan (123.01 yuan * 9 days * 2 people 123.01 yuan * 191 days), transportation fee 2,000 yuan;

2. The litigation costs of this case shall be borne by the defendant. Facts and reasons: At about 19:00 on February 13, 2018, the plaintiff went to the bathhouse operated by the defendant to take a shower. The plaintiff slipped and fell while turning around in the bathroom while wearing slippers from the bathtub. The defendant operator Zhou XX sent the plaintiff to Lintingkou. The hospital paid the relevant expenses in advance, and then the plaintiff was sent to Xuzhou Fourth People's Hospital by his family.

After it was found that the plaintiff had a compression fracture of the 4th lumbar vertebrae, the plaintiff was hospitalized for 9 days. When he was discharged, the doctor ordered him to rest in bed for 2-3 days. Month, consume more high-protein, high-vitamin and high-calcium-phosphorus diets, and undergo outpatient review one week after discharge. The lawsuit was filed because the defendant failed to fulfill its safety protection obligations and was entirely at fault for the plaintiff's injuries and should bear all liability for compensation.

XXX Bathing argued that the defendant was an individual industrial and commercial household operating bathing services and had complete operating procedures; the defendant’s business premises did not have any safety hazards and had fully fulfilled its safety guarantee obligations; the defendant did not know whether the plaintiff was there The defendant had no fault or responsibility for the injuries sustained during the bathing process and how they were injured. The plaintiff requires the defendant to bear liability for compensation, which has no factual and legal basis. It requests the court to reject the plaintiff's claim.

Lawyer analysis:

Citizens’ rights to life, health and body are protected by law and no one may infringe upon them. This case is a public place. For disputes over manager liability, Article 37 of the Tort Liability Law of the People’s Republic of China stipulates: “Managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues or organizations of mass activities If the plaintiff fails to fulfill his safety protection obligations and causes damage to others, he shall bear tort liability. ”

The plaintiff entered the defendant’s bathhouse to bathe. The operator of the bathhouse has the obligation to guarantee the plaintiff’s personal safety. Appropriate measures should be taken within the scope of one's control to avoid and control hazards.

Although the XXX bathhouse has a "warm reminder" posted, "Patients with high blood pressure, heart disease, and skin diseases are not allowed to bathe," and "the elderly, children, and people with mobility issues must be accompanied by a dedicated person to bathe."

Before the plaintiff fainted in this case, there were the defendant’s staff chatting with him. They did not help the plaintiff when they saw this. They did not help the plaintiff after he fell. The most annoying thing was after the plaintiff got up on his own. The defendant’s staff actually did not help the plaintiff, and in the end it was the plaintiff’s classmates who helped him. At this time, the plaintiff's lower lip was bleeding profusely, the corner of his eye was injured, one of the two front teeth was completely missing, and one was half broken. When he asked the defendant's staff if they had any first aid supplies, he got "nothing." reply. When I got to the lobby, I found the manager and said he didn't want to take any responsibility.

In an emergency, it was the plaintiff’s classmate Yang XX who sent the plaintiff to the hospital first. By the time the lawsuit was filed, the plaintiff had already spent a large amount of money.

As a service place, the defendant had no anti-slip mats, no relevant safety facilities and safety tips, no ventilation facilities, poor ventilation, and no first-aid supplies in case of emergency, which caused the plaintiff to faint and suffer injuries. According to Article 6, Paragraph 1, of the Tort Liability Law of the People's Republic of China: An actor who infringes upon the civil rights and interests of others due to negligence shall bear tort liability. Article 16 of the Tort Liability Law of the People's Republic of China: Anyone who infringes upon others and causes personal damage shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and recovery, as well as the loss of income due to missed work. .

If disability is caused, the fee for assistive life aids for the disabled and disability compensation shall also be compensated. If death is caused, funeral expenses and death compensation should also be compensated. Article 26 of the Tort Liability Law of the People's Republic of China: If the infringed party is also at fault for the occurrence of the damage, the liability of the tortfeasor can be reduced.

Article 64 of the "Civil Procedure Law of the People's Republic of China": The parties concerned in the first paragraph have the responsibility to provide evidence for their claims. Article 90 of the "Interpretation of the Supreme People's Court on Application": The parties concerned shall provide evidence to prove the facts on which their own claims are based or the facts on which they refute the other party's claims, unless otherwise provided by law. The bathhouse failed to fulfill its safety guarantee obligations within reasonable limits to prevent the occurrence of damage, and was negligent for the consequences of the damage, and should bear corresponding civil tort liability.

The court’s judgment:

After trial, this court found the following facts: At about 19:00 on February 13, 2018, the plaintiff went to the defendant’s bath to take a bath. During the bath, the plaintiff slipped and fell. The defendant operator sent the plaintiff to the hospital for treatment and paid the relevant expenses. Later, the plaintiff was sent to the People's Hospital by his family. It was found that the plaintiff suffered a compression fracture of the fourth lumbar vertebrae. The plaintiff was hospitalized for 9 days. When he was discharged, the doctor ordered him to rest in bed for 2-3 months and eat more high-protein, high-vitamin and high-calcium-phosphorus diets. He was discharged from the hospital. Weekly outpatient review. The plaintiff paid 11,002.15 yuan in medical expenses and part of the transportation expenses during the treatment.

The court held that citizens’ right to health should be protected by law. The plaintiff, Zou X, slipped and fell in the defendant's bathing bathroom and was injured. XX Bathing should bear the corresponding liability for tort compensation. The defendant in this case operates a bathing business and should post anti-skid warning signs and lay anti-skid mats and other facilities in accordance with relevant regulations. Although the defendant submitted photos of the bathroom to prove that the defendant had fulfilled its relevant obligations, the plaintiff denied that. Combined with the corresponding evidence and witness testimony provided by the plaintiff, it was proved that the defendant was in The safety guarantee obligations were not fulfilled when the accident occurred. Based on the evidence submitted by both the plaintiff and the defendant and the facts of the case, the defendant should bear the main responsibility for the plaintiff's injuries.

According to legal provisions, if the infringed party is also at fault for the damage, the liability of the tortfeasor can be reduced. As a person with full capacity for civil conduct, the plaintiff bathed in a known slippery environment. He should take the initiative to pay attention to his own safety, take safety precautions, and make every effort to avoid the accident. However, he failed to fulfill his duty of care during the bathing process, which caused the damage accident. One of the reasons for the occurrence, so the plaintiff should bear corresponding responsibility for the damage caused to himself. Based on the degree of fault of both parties and the causal relationship with the plaintiff’s damage, this court determined that the proportion of liability between the plaintiff and the defendant was 3:7.

There is insufficient basis for the plaintiff to claim that the defendant bears full responsibility, and this court will not confirm it.

Regarding the plaintiff’s various losses, this court determined the following:

1. Medical expenses. The plaintiff submitted the People's Hospital medical bills, inpatient medical records, outpatient medical records, diagnosis certificates, detailed expense lists, and registration receipts for mutual verification, which can prove the relevance of his injuries and treatment to this case, confirm their probative power, and based on It is determined that the plaintiff’s medical expense loss is 11,002.15 yuan;

2. Lost work expenses. The plaintiff claimed that the work period was delayed by 200 days and the work delay fee of 24,602 yuan was too high. This court determined that the plaintiff's missed work period was 69 days, and the standard was 123.01 yuan/day, and this loss was 8487.69 yuan; the excess amount will not be supported by this hospital;

　3. Hospitalization food subsidy. The plaintiff claimed that he should be hospitalized for 9 days, totaling 900 yuan, in accordance with the food subsidy standard of 100 yuan per day for state agency staff on business trips, which complied with the legal provisions and was supported by this hospital;

4. Nutritional expenses. The plaintiff claimed that the nutrition period was 30 days, and the standard was 180 yuan per day, which was too high. Based on the plaintiff’s injuries and medical advice, the hospital determined that the nutrition period was 30 yuan per day, and the loss was 900 yuan. The hospital will not support the excess;

5. Nursing fees. The plaintiff requested that the nursing period be 9 days for 2 people and 191 days for 1 person. The period was too long, and the doctor ordered secondary care, so 2 people were not needed. Based on the plaintiff’s injury and the medical order issued by the medical institution, this hospital determined that the nursing period was 9 days. The standard is 123.01 yuan per day for one person to care for. This loss is 1107.09 yuan. This hospital will not support the plaintiff’s request for post-discharge nursing fees;

6. Transportation expenses. Although the plaintiff did not provide a transportation bill, this expense was necessary for the plaintiff's treatment. Considering the plaintiff's injury, the distance between the place of residence and the place of medical treatment, and the status of his treatment and recovery, the plaintiff's loss of 800 yuan was supported as appropriate.

The plaintiff’s above-mentioned economic losses totaled 23,196.93 yuan, and the defendant compensated 70 yuan, or 16,237.85 yuan.

In summary, the defendant should compensate the plaintiff for various losses totaling 16,237.85 yuan, and the remaining losses shall be borne by the plaintiff. In accordance with Articles 6, 16, and 26 of the Tort Liability Law of the People's Republic of China, Article 64 of the Civil Procedure Law of the People's Republic of China, and the Supreme People's Court According to Article 90 of the Interpretation on the Application of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:

1. The defendant XXX Bathing Center shall compensate the plaintiff Zou X within three days after this judgment takes effect. Various economic losses amounted to RMB 16,237.85;

2. Reject plaintiff Zou X’s other claims.

If the monetary payment obligation is not performed within the period specified in this judgment, double payment for the period of delayed performance shall be made in accordance with the provisions of Article 253 of the Civil Procedure Law of the People's Republic of China. Debt interest.

Summary of case handling:

The key to winning this case lies in the importance of the lawyer’s guidance in collecting evidence. Obtaining various types of evidence through investigation and evidence collection by the attorney is the prerequisite for winning the verdict in this case. The plaintiff submitted the following Evidence:

1. One copy of the defendant’s market entity information, proving that the defendant operates a bathing public place;

2. One hospital imaging report, proving that the plaintiff fell and was injured by the defendant.

3. 8 medical expense receipts and 5 registration fee receipts, proving the plaintiff’s medical expense loss of 11,002.15 yuan;

4. 1 inpatient medical record and 1 outpatient medical record, 3 imaging reports to prove the plaintiff’s medical treatment and re-examination;

5. 3 diagnosis certificates to prove the doctor’s recommended rest time; 6. 6 photos of the bathroom to prove that the defendant’s bathroom was empty Anti-skid signs and anti-skid facilities;

7. 1 video CD to prove the situation in the corridor and bathroom of the defendant’s bathing place and the failure to fulfill the warning obligation;

8. Application for witness Zheng to appear in court Testify to prove that the plaintiff was injured in a slip and fall.

Another important reminder: According to the provisions of the Civil Procedure Law, the burden of proof is reversed in such cases, that is, if the bathhouse fails to provide evidence to prove that it has fulfilled its safety protection obligations, it should bear responsibility.