Joke Collection Website - Bulletin headlines - How to understand the provisions of Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases?
How to understand the provisions of Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases?
Article 6 If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range and causes personal injury to others, the people's court shall support it. "Security obligation" is a contractual obligation that must be fulfilled in business activities such as catering and accommodation. As operators, they have the obligation to provide personal and property security for all personnel who come to their business premises within reasonable limits. In practice, the judgment of "reasonable limit" security guarantee is generally determined from the following aspects in combination with the specific circumstances of the case: first, whether it conforms to people's most basic life experience and specific operating procedures; Second, whether the preventive safeguard measures are appropriate and effective refers to the timely and effective measures generally understood by ordinary people; The third is the possibility of foreseeable danger and the necessity and possibility of taking preventive measures. For example, hotels should take practical and effective preventive measures or clearly inform them to prevent accidental injuries when they know that the ground is slippery and easy to cause customers to fall. However, due to negligence in prevention, I fell and was injured while eating. It can be seen that the hotel has failed to fulfill its security obligations within reasonable limits and should be liable for compensation. However, as a person with full capacity for civil conduct, the person who fell down did not fulfill the duty of care that a consumer should have, and he should also bear certain responsibilities if he was injured. According to Article 26 of the Tort Liability Law, "If the infringee is also at fault for the occurrence of the damage, the liability of the infringer can be reduced", the hotel does not have to bear all the liability for compensation.
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