Responsibility determination of bath pool falls

Determination of bath fall responsibility

In the determination of bath fall responsibility, when a bath falls, the person in charge of the bath will generally ask for compensation. The person in charge of bath fall responsibility has caused personal injury to others due to the natural person's failure to be safe within reasonable limits in business activities, and the compensation obligee requests him to bear the corresponding compensation responsibility. Let's take a look at the determination of bath fall responsibility 1

1. How to divide the responsibility of customers for bath fall

1. According to the provisions of 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, entertainment or other social activities have failed to fulfill their security obligations within reasonable limits, causing personal injury to others.

the people's court shall support the claim of the obligee for compensation to bear the corresponding liability for compensation. As a place to engage in business activities, a store must bear the obligation to ensure the safety of its customers. If the behavior of neglecting the obligation of safety guarantee leads to the damage of the victim, and he is subjectively at fault, he must bear the liability for damages.

2. Inform every customer, which is the right and obligation of informing in the law.

According to the relevant provisions of the Civil Code, shopping malls should compensate customers for their medical expenses. Because the mall didn't clean the floor and didn't take anti-skid measures, customers had accidents, which is the fault of the mall, so it should bear part of the responsibility and compensate customers for their losses. If necessary measures are taken in the shopping mall to take care of and protect customers, the shopping mall is not at fault and does not need to 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. Managers of hotels, shopping malls, banks, stations, entertainment places and other public places or organizers of mass activities who fail to fulfill their security obligations and cause damage to others shall bear tort liability.

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

When customers shop in the mall, the mall should provide safe services, such as "Slip carefully" and "Don't touch fragile", so as to avoid misunderstanding by consumers. Merchants should be responsible for customer injuries. The key lies in whether the mall has fulfilled its security obligations. If it has not fulfilled its obligations, it needs to bear the corresponding liability for compensation. If it has fulfilled its security obligations, it does not need compensation. 2

The responsibility for bath falls is recognized as a store engaged in business activities. For customers, it must bear the obligation to ensure the safety of customers. If the behavior of neglecting the obligation of safety guarantee leads to the damage of the victim, and he is subjectively at fault, he must bear the liability for damages.

Article 1198 of the Civil Code of the People's Republic of China

Operators, managers or organizers of mass activities in hotels, shopping malls, banks, railway 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. 3

Responsibility identification of bath falls. When Mr. Zhang and his friends were taking a bath-central shower, their feet slipped and fell to the ground, which was identified as grade 1 disability. To this end, Mr. Zhang spent more than 4, yuan on 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-skid mats in the shower. If it failed to fulfill its security obligations, it should bear the liability for compensation. Therefore, it is required to pay compensation for medical expenses, disability compensation, appraisal fees, etc., totaling more than 58, yuan.

Bath-Center argues that its company has closed down, and it is 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, non-slip slippers and service personnel. The company has fulfilled its security obligations, so it does not agree to bear the liability for compensation.

during the trial, Mr. Zhang provided the VIP card of the bath-center, the consumption records of that day, the medical records of hospital visits 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 witnesses proved that Mr. Zhang fell and was injured in the bath-center shower, and there was no warning sign or anti-skid mat in the bath area. Bathing-The center did not submit any evidence to the court.

court trial

the court held through trial that Mr. Zhang claimed that he fell and was injured while taking a bath in the center. In response to this claim, Mr. Zhang provided evidence such as VIP card, consumption records, witness testimony, medical records, etc. The above evidence can be mutually verified, and a complete chain of evidence has been formed, which is enough to prove Mr. Zhang's claim. The Bath-Center only indicated that it could not verify the situation because its company had stopped operating, 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 Bath-Center failed to fulfill its security obligations, and provided witness testimony to prove that the Bath-Center did not set warning signs and lay anti-skid mats in the bathing area. Although Bath-Center claimed that it had set 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 incident, as an adult, he should know that he is prone to fall in the bath and should pay attention to it, but he failed to fulfill his full duty of care. Therefore, the court ruled that Mr. Zhang was mainly responsible for the occurrence of this case, and the Bath-Center took a secondary responsibility. As appropriate, the proportion of the responsibility of the Bath-Center was determined to be 2%.

Judge's statement

Paragraph 1 of Article 1198 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.

Article 1173 of the Civil Code

If the infringee 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 the public place, has the obligation to ensure Mr. Zhang's safety, and has the obligation to take certain measures to prevent the occurrence of damage. The Bath-Center did not set a clear warning sign, and failed to fulfill its obligation to prevent potential dangers, so there was a certain fault. As a person with full capacity for civil conduct, Mr. Zhang should fully foresee the possible dangers during bathing, 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, regularly inspect facilities and equipment, set up warning signs or warning slogans in eye-catching positions of potential risk equipment and areas to prompt them, and perform rescue obligations in time in case of damage to prevent the loss from expanding. As consumers, we should fully observe the surrounding environment, strengthen the awareness of safety precautions in areas with warning signs, and fix and save evidence in time after an accident, so as to avoid adverse legal consequences due to failure to provide evidence.