Whose responsibility is it to fall in the bathhouse?

Whose responsibility is it to fall in the bathhouse?

Who is responsible for the fall in the bathhouse? If you fall in the bathhouse, you will usually ask the person in charge of the bathhouse for compensation. Liability for injuries caused by falls in bathhouses If a natural person's negligence in business activities within a reasonable limit causes personal injuries to others, the obligee of compensation requires him to bear the corresponding liability for compensation. Let's see who is responsible for the fall in the bathhouse.

Whose responsibility is it to fall in the bathhouse? 1 Toilets should fulfill their security obligations within a reasonable range, especially safety protection measures such as anti-skid. If the customer falls down in the process of bathroom consumption, and the bathroom fails to provide evidence to prove that it has fulfilled its perfect protection obligation, 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 pay more attention to the consumption in the bathing place and bear part of the responsibility.

Legal basis:

Article 1 198 of the Civil Code

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. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.

Who is responsible for the fall in the bathhouse? 2. How to divide the responsibility of customers who fall in the shower?

1. According to the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases, natural persons, legal persons and other organizations engaged in business activities such as accommodation, catering and entertainment or other social activities failed to fulfill their reasonable security obligations, causing personal injury to others.

If the obligee claims to bear the corresponding liability for compensation, the people's court shall support it. As a place to engage in business activities, shops must undertake the obligation to ensure the safety of customers. If the act of neglecting the obligation of safety and security leads to the victim's damage, and he is subjectively at fault, he must bear the liability for damages.

2. Inform every customer, which is the right and obligation to inform in law.

According to the relevant provisions of the Civil Law, shopping malls should compensate customers for medical expenses caused by falls. Because the mall didn't clean the floor and didn't take anti-skid measures, it was the fault of the mall, and it should bear part of the responsibility and compensate the customers for their losses. If the shopping mall takes necessary measures to take care of and protect customers, the shopping mall is not at fault and may not pay compensation.

3. If the staff of the employer causes damage to others due to the execution of work tasks, the employer shall bear the tort liability.

4, hotels, shopping malls, banks, stations, entertainment places and other public places managers or organizers of mass activities, failed to fulfill their security obligations, causing damage to others, shall bear tort liability.

Second, what should I do if I fall into the consumer place?

When customers shop in the mall, the mall should provide safety services, such as "slide carefully" and "don't touch fragile objects", so as not to cause misunderstanding among consumers. If the customer is injured, the merchant should be responsible. The key lies in whether the mall has fulfilled its security obligations. If you fail to fulfill your obligations, you need to bear the corresponding liability for compensation. If you have fulfilled your security obligations, you don't need compensation.

According to the Law on the Division of Responsibility for Slip and Fall of Customers, when customers fall, they should observe whether the safety guarantee and safety tips in the consumer places are in place in time, or ask for monitoring records from the places. While enjoying the happiness of consumption, customers should not ignore the surrounding security risks.

Who is responsible for the fall in the bathhouse? 3 Mr. Zhang and his friends slipped and fell to the ground while taking a shower in the bath center, and 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. Bathing-There is no warning sign in the bathing area in the center, and there is no anti-skid mat in the shower room. If you fail to fulfill your security obligations, you should be liable for compensation. Therefore, compensation is required for medical expenses, disability compensation, appraisal fees, etc. , totaling more than 580,000 yuan.

The bath center argued that its 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 of the bath center, 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 bath center 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-mentioned witnesses prove that Mr. Zhang fell while taking a shower in the bathing center, and there were no warning signs and non-slip mats in the bathing area. Bathing-the center 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 the bath center. 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. The bath center only said that it could not verify the situation because its company had stopped operating, but did not provide evidence to refute Mr. Zhang's statement. In this case, the court accepted Mr. Zhang's claim of falling in the shower.

Mr. Zhang said that the bathing center failed to fulfill its security obligations, and provided witness testimony to prove that the bathing center did not set warning signs and lay non-slip mats in the bathing area. Although Bath Center 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 adopt 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 the bath center was responsible for it. Determine that the bath center is responsible for 20% as appropriate.

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 center, as the operator of public places, has the obligation to protect Mr. Zhang's safety and take certain measures to prevent the damage. The bath center did not set up obvious warning signs, failed to fulfill its obligation to prevent potential dangers, and there was a certain fault. 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.