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Of course, you can find the store to compensate, because in addition to food safety, other corresponding facilities provided by the hotel to customers should also ensure the personal and property safety of guests, not to mention pregnant women, which is clearly stipulated in the Consumer Rights Protection Law! You have to collect evidence at the time, to prove that it is due to the hotel's facilities safety guarantee is not in place rather than the customer's improper use of the hotel facilities to cause premature personal injury, and timely medical treatment and compensation claims, of course, the miscarriage is not a trivial matter, the hotel will not easily agree to your compensation request, so you should promptly apply for legal aid or even prosecution like the consumer association and the local court, and under the condition that the evidence (human evidence, physical evidence) is sufficient, you can definitely get compensation!
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The operator of the store will definitely have to pay compensation.
According to article 6 of the "Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", where natural persons, legal persons, or other organizations engaged in business activities such as lodging, catering, or entertainment, or other social activities, fail to fulfill their obligations to ensure safety within reasonable limits, causing personal injury to others, and the person entitled to compensation requests that they bear the corresponding liability for compensation, the people's court shall support it.
Where the damage occurs as a result of the infringement by a third party, the third party who committed the infringement shall bear the liability for compensation. Where the security obligor is at fault, it shall bear the corresponding supplementary liability for compensation to the extent that it can prevent or stop the harm. After the security obligor bears responsibility, it may seek compensation from a third party.
Where the person entitled to compensation sues the security obligor, the third party shall be a co-defendant, unless the third party cannot be determined.
No matter who the person is, as long as the consumption is in the store, the operator must compensate for the damage caused by the operator's failure to fulfill the safety and security obligations within a reasonable limit.
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Of course, you can claim compensation China's consumer law stipulates that operators have the obligation to protect the safety of consumers.
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Summary. Hello <>
Dear, if the restaurant stool is broken and the customer falls, the solution to the pain after compensation is to contact the management of the hotel in time and report your injury to them. Provide a detailed description and ask them to document the matter, they will ask you to fill out an accident report or related documents and give some compensation. <>
What should I do if the restaurant stool is broken and falls, and the customer finds that there is still pain + after compensation.
Hello <>
Dear, the restaurant stool is broken and the customer falls, and the solution to the pain after compensation is to contact the management of the hotel and report your injury to them. Provide a detailed description and ask them to document the incident, they will ask you to fill out an accident report or related documents and give you some compensation. <>
Dear, you need to keep all evidence related to the accident, including medical records,** and contact information of eyewitnesses. This evidence will play an important role in the subsequent claims process. <>
Hello <>
Dear, you need to ensure that you keep all medical records, diagnostic reports, and receipts for medical expenses related to your injuries. These records will help prove your injuries and connection to the fall, and you will need to provide this evidence to the hotel and ask them to compensate them. <>
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If a customer falls and is injured in the store, it shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. The specific compensation standard for expenses is that medical expenses should be based on the receipt of medical expenses, hospitalization fees, etc., issued by medical institutions, and the compensation for lost work shall be determined according to the victim's lost time and income.
If a customer falls and is injured in the store, it shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. The specific compensation standard for expenses is that medical expenses should be based on the receipt of medical expenses, hospitalization fees, etc., issued by medical institutions, and the compensation for lost work shall be determined according to the victim's lost time and income.
1. How to compensate for the customer's fall injury in the store
If a customer falls and is injured in the store, he or she needs to compensate for medical expenses, nursing expenses, transportation expenses and other expenses, and the premise of compensation is that the store has not fulfilled its obligation to protect it; If it is caused by itself or a third party, the company or a third party shall be responsible for the compensation, and the store does not need to compensate.
Article 1198 of the Civil Code stipulates that the operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business establishments or public places, or the organizers of mass activities, shall bear tort liability if they fail to fulfill their safety and security obligations and cause damage to others.
Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
2. Compensation standards for various expenses
The compensation standards for various expenses are as follows:
1.Medical expenses are determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.
2.Lost time pay is determined based on the victim's lost time and income.
Hail 3The nursing fee is determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
You are reminded that the expenses of compensation include medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other reasonable expenses incurred for ** and **, as well as the loss of income due to lost work.
3. Is the customer responsible for being beaten in the mall?
Customers are beaten in the mall, and the mall is generally not responsible. If a customer is beaten in a shopping mall, the party who beats the customer shall bear the tort liability and be responsible for compensation; If it is due to the failure of the shopping mall operator to fulfill the obligation of full protection of Anzi Bird, the operator needs to bear the corresponding supplementary liability, and after assuming the supplementary liability, it can recover from a third party.
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Legal analysis: For fractures, it can be based on the relevant provisions of China's regulations on work-related injury insurance.
Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the work-injured worker or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.
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Legal analysis: If the customer is injured due to the broken stool, the hotel is at fault and should be liable for compensation. You can negotiate with the hotel for compensation, and if the negotiation fails, you can sue the people's court.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.
Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
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