It is said that in the snowy weather, hot pot and snow scenery are more compatible. However, if you fall and get injured due to snow on the soles of your shoes during the hot pot meal, the gains outweigh the losses. Who should be held responsible for the accident that occurs in this case?
Basic facts of the case
One day in the winter of 2021, Zhen went to a hot pot restaurant for dinner because the company organized a dinner. During the meal, colleague Jia found that Zhen had not returned from going out, and after searching for it with the waiter of A hot pot restaurant, he found that Zhen had fallen down the staircase aisle on the first and second floors of the restaurant, so he sent Zhen to the hospital**. Zhen believes that A hot pot restaurant failed to fulfill its safety guarantee obligations and should bear tort liability. A hot pot restaurant argued that there was an obvious sign at the staircase that it had fulfilled its safety and security obligations, and should not be liable for Zhen's compensation.
Internet.
Referee's view
In this case, according to the call recording provided by Zhen, A hot pot restaurant admitted that it was due to the snow on the road, and the soles of the customers' shoes would bring snow water into the store, causing the ground to be slippery, which caused Zhen to fall and be injured. While opening its doors to welcome customers, a hot pot restaurant should provide a safe dining environment for diners to ensure the basic personal safety of guests. In the case that the ground in the store will be slippery due to the impact of snow, and it is easy to cause the people who come to dine to fall, effective preventive measures should be taken or clear notification obligations should be taken, and the snow water on the ground should be cleaned up in time to ensure that the ground is dry to prevent accidental damage. Now, due to the negligence of the hot pot restaurant A, Zhen fell down in the stairwell of the store while dining out, which is sufficient to determine that the hot pot restaurant failed to fulfill its safety and security obligations within a reasonable limit, and should bear the corresponding tort liability. As a person with full capacity for civil conduct, Zhen should have ensured his personal safety during the walk, but he failed to fulfill his duty of sufficient safety care and was also at fault for the occurrence of the damage. Therefore, according to the magnitude of the fault of both parties, this court decided that A hot pot restaurant should bear 20% of the liability.
The rule of law is the king's statement
The judgment in this case is a warning to the operators of public places, as well as a reminder to consumers. Operators and managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business venues and public places, or organizers of mass activities, must do a good job of preventing venue risks and fulfilling safety obligations, so as to prevent accidents that endanger personal safety and protect the personal safety of consumers. People who enter business premises and public places should also pay full attention to the prevention of their own safety, pay attention to everything everywhere, and be the first person responsible for their own life safety!
The rule of law reminds
"Slippery roads on snowy days" is a warning, but also a responsibility. In daily life, as a public place operator, it is necessary to ensure the safety of customers in the store, and to prevent factors such as slippery ground caused by snow accumulation on snowy days, so as to prevent customers from falling. In this case, although A hot pot restaurant posted signs such as careful steps and careful slipping at the staircase, it failed to actually ensure the dryness of the road surface, causing Zhen to fall, and should bear a certain amount of liability for damages.
Links to legal provisions
Civil Code of the People's Republic of China
Article 1173 [Offset of Faults].
Where the infringed party is at fault for the occurrence or expansion of the same harm, the infringer's liability may be reduced.
Article 1198 [Responsibility of Security Obligors].
Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business venues or public places, or organizers of mass events, who fail to fulfill their security obligations and cause harm to others, shall bear tort liability.
If the act of a third party causes damage to others, the third party shall bear tort liability;Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary liability. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
*: Suzhou District People's Court.
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