[Case Review].
There is a newly opened restaurant, and the family goes to the restaurant to eat. After engaging in the hair, it can be seen that a child in the ** walked normally and did not chase and fight, because the ground was too slippery and slipped. There was an iron shelf next to the dining table, and there happened to be a pot of hot water on it, which burned the child, and the child suffered serious injuries to his body and head.
Now there is a dispute between the two parties on the compensation, and the restaurant did not say that it was not responsible, but only said that it would give 15,000 yuan in compensation, and at the same time believed that the parents also had the obligation to take good care. However, parents believe that it is the responsibility of the hotel that the child did not fight.
So, how should the responsibilities of the two parties be divided in this case?How does the hotel compensate the injured?
Case Analysis] This case is a personal injury compensation dispute.
Article 1198 of the Civil Code stipulates: "Operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business establishments or public places, or organizers of mass activities, shall bear tort liability if they fail to fulfill their security obligations and cause damage to others." 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. According to the above provisions, the owners, managers, or business entities of for-profit business establishments such as hotels, shopping malls, supermarkets, banks, and stadiums have a duty to ensure the safety of the people who consume here.
The so-called obligation of security means that the operators of these business premises must ensure the safety of the lives and property of every person who enters the premises for consumption. According to the content presented, the child fell because the ground was slippery, and the responsibility for the slippery ground should be borne by the hotel. The hotel should clean the ground, if there is water, or if there is a possibility of slipping, the hotel must clean up in time, which is the obligation of the hotel. Because the hotel did not pay attention to these details and failed to fulfill these safety and security obligations, the child fell and was burned, and the hotel was more at fault.
In addition, when the hotel places relevant equipment and facilities, such as boiling water utensils, it should be stable and able to prevent accidents. Or for those involved in consumption, there are minors, to be cautious and necessary, or to erect a warning sign, which is also a higher requirement for hotel operators. Of course, in the process of walking, the child fell down because of the slippery feet, knocked over the kettle, and the hot water spilled on her body, causing her injury. Parents also have certain responsibilities in this case. Parents are responsible for failing to educate minors on safety and to perform their guardianship duties. The duty of guardianship should also cover the duty of care after entering such a place, such as parents should educate their children not to move around or play casually.
With regard to the items of compensation, in this type of personal injury case, the items that the tortfeasor should compensate the victim include medical expenses, food subsidies during hospitalization, nursing expenses during hospitalization, and follow-up expenses such as cosmetic surgery that the child may undergo in the future. In addition, the transportation expenses and lost work expenses incurred by the family members and children in the process of seeking medical treatment and dealing with this matter should also be compensated.