Division of responsibility for falls in the bathtub

Division of responsibilities for falls in bathing pools

Division of responsibilities for falls in bathing pools. When you fall in a bathtub, you will usually ask for compensation from the person responsible for the bathtub. If the natural person responsible for the fall in the bathtub fails to maintain safety within a reasonable range due to business activities, causing other people to suffer personal injury, the person who is entitled to compensation requires him to bear the corresponding compensation. For those who are responsible, let’s take a look at the division of responsibilities for a fall in the bathtub. Division of liability for falls in bathing pools 1

1. How to divide responsibilities for customers’ falls in bathing

1. According to the provisions of the Supreme People’s Court’s “Interpretation of Several Issues Concerning the Trial of Personal Injury Compensation Cases”, Natural persons, legal persons, and other organizations engaged in accommodation, catering, entertainment and other business activities or other social activities fail to perform safety protection obligations within reasonable limits, causing others to suffer personal injury.

If the holder of the right to compensation requests that he bear the corresponding liability for compensation, the people's court shall support it. As a place for business activities, a store must bear the obligation to ensure the safety of its customers. If the negligence of safety guarantee obligations results in damage to the victim, he or she is subjectively at fault and must bear 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 someone falls in a shopping mall

When customers are shopping in shopping malls, shopping malls should provide safe services, such as "slip carefully" and "easy "Do not touch if broken" etc. 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. Division of liability for falls in the bathtub 2

Legal analysis: Bathrooms should fulfill their safety obligations within reasonable limits, and in particular, anti-slip and other safety protection measures should be taken. If a customer falls during consumption in the bathroom, and the bathroom fails to provide evidence to prove that it has fulfilled its complete protection obligations, the bathroom shall be liable for the reasonable economic losses caused by the customer's fall.

Legal basis: The Supreme People's Court's "Interpretation on Several Issues Concerning the Use of Laws in the Trial of Personal Injury Compensation Cases" Natural persons, legal persons, other organizations, unspecified Safety and security obligations within reasonable limits cause personal injury to others.

Bathrooms should fulfill their safety obligations within reasonable limits, and in particular, anti-slip safety protection measures should be taken. If a customer falls during consumption in the bathroom, and the bathroom fails to provide evidence to prove that it has fulfilled its complete protection obligations, the bathroom shall be liable for the reasonable economic losses caused by the customer's fall. At the same time, if the customer is an adult, he should exercise due care and attention when consuming in bathing places, and he himself should bear part of the responsibility.

Legal basis:

Article 1198 of the Civil Code

Hotels, shopping malls, banks, Operators and managers of business venues such as stations, airports, sports venues, entertainment venues, and public places or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability. If damage is caused to others due to the behavior of a third party, the third party shall bear tort liability; if the operator, manager or organizer fails to fulfill the safety guarantee obligations, the third party shall bear corresponding supplementary liability. After the operator, manager or organizer assumes supplementary liability, they can recover compensation from the third party. Division of liability for falling in the bathhouse 3

Mr. Zhang slipped and fell to the ground while taking a shower with his friends at the bathing center. , was identified as a tenth-level disability. To this end, Mr. Zhang spent a total of more than 40,000 yuan in medical expenses, transportation expenses, disability compensation, and appraisal fees. Bathing - The center did not set up warning signs in the bathing area, and did not lay anti-slip mats in the shower area. It failed to fulfill its safety guarantee obligations and should bear the liability for compensation. Therefore, it demanded compensation of a total of 580,000 for medical expenses, disability compensation, appraisal fees, etc. Yu Yuan.

The bathing center argued that its company had ceased business and it could not be verified whether Mr. Zhang fell and was injured in the store. In addition, there is a warm reminder sign in the lobby, a "beware of slippery floor" warning sign in the bathing area, anti-skid floor tiles in the shower area, anti-skid slippers, and service staff. The company has fulfilled its safety guarantee obligations. Therefore, we do not agree to bear the liability for compensation.

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

Court hearing

After hearing, the court held that Mr. Zhang claimed that he fell and was injured while bathing in the bathing center. In response to this claim, Mr. Zhang provided VIP cards, consumption records, and witnesses. Testimonies, medical records and other evidence, the above evidence can corroborate each other and form a complete chain of evidence, which is enough to prove Mr. Zhang’s claim. The bathing center only stated that it could not verify the situation because its company had ceased operations, but did not provide evidence to refute Mr. Zhang's claim. In this case, the court accepted Mr. Zhang’s claim that he fell while taking a bath.

Mr. Zhang claimed that the bathing center failed to fulfill its safety protection obligations and provided witness testimony to prove that the bathing center failed to set up warning signs and lay anti-slip mats in the bathing area. Although the bathing center claimed that it had set up warning signs and fulfilled its safety guarantee obligations, it did not provide corresponding evidence to prove it. Therefore, the court did not accept the bathing center's claim.

Judging from the incident described by Mr. Zhang, as an adult, he should know that falls are easy to occur while bathing and should pay attention to it, but he failed to fulfill his full duty of care. Therefore, the court determined that Mr. Zhang bears primary responsibility for the occurrence of this case, and the bathing center bears secondary responsibility. The court judged that the ratio of the bathing center's responsibility was 20%.

The judge’s statement

Article 1198, paragraph 1, of the Civil Code

Hotels, shopping malls, banks, Operators and managers of business venues such as stations, airports, sports venues, entertainment venues, and public places or organizers of mass activities who fail to fulfill their safety guarantee obligations and cause damage to others shall bear tort liability.

Article 1173 of the Civil Code

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

In this case, the bathing center, as the operator of a public place, has a safety guarantee obligation to Mr. Zhang and is obliged to take certain measures to prevent damage. The bathing center did not set a clear warning. signs, failing to fulfill the obligation to prevent potential dangers, and there is certain fault.

As a person with full capacity for civil conduct, Mr. Zhang should have fully foreseen the dangers that may occur while bathing, but he failed to fulfill his duty of care and should bear primary responsibility for the consequences of his own damage.

As an operator, you should make the protection of consumer life safety your top priority, regularly inspect facilities and equipment, and set up warning signs or slogans on potentially risky equipment and prominent locations in the area to provide reminders. When damage occurs, rescue obligations should be performed promptly to prevent the loss from expanding. As a consumer, you should fully observe the surrounding environment, strengthen safety awareness in areas with warning signs, and promptly fix and preserve evidence after an accident occurs to avoid adverse legal consequences due to inability to provide evidence.