If a tourist drowns in a private beach, is the hotel partially responsible?

Updated on society 2024-07-02
26 answers
  1. Anonymous users2024-02-12

    Going out on holiday is meant to be a pleasant and joyful thing. But in a resort hotel in Xunliao Bay, Huizhou, there was a drowning accident. Tourists were attracted by the hotel's promotional poster and were attracted by the hotel's private beach, but after checking into the hotel, they had an accident while swimming in the beach.

    The hotel should bear the main responsibility for this kind of accident, the hotel under the banner of a private beach, but did not improve the management of the beach, which eventually led to the accident, and the tourists did not confirm whether the environment is safe when playing, which eventually led to the accident.

    1. There are no warning signs on the beach, and the hotel is responsible for poor management. After the incident, the family approached the person in charge of the hotel for an explanation, but was told that the private beach was a public area. Since it is a public area, it should not be used to advertise the words such as private beach, and the beach is behind the hotel, the hotel does not give any warning signs, if it will remind tourists that there is no safety management in this sea area, tourists pay attention to the warning, do not swim, and the accident may not happen.

    If it's a private beach, it should be managed accordingly.

    2. The hotel shall be held liable for insufficient security measures. If the hotel is the manager of the beach, it should be responsible for the safety of visitors to the beach. First aid personnel and first aid facilities should be arranged on the beach.

    The tourist who had an accident was drowned because of the untimely rescue, which shows that the hotel's safety measures are not in place. Therefore, the hotel needs to bear the main responsibility in this matter.

    3. When you go out to play, confirm the safeguard measures. Visitors should do so on their own safety no matter where they go. When you go swimming in the beach, you have to make sure that the sea is open and managed, so that there will be safety measures in the sea area.

    Don't go to the unopened sea area, because without professional rescue personnel management, even if an accident occurs, the rescue will not be too late.

  2. Anonymous users2024-02-11

    The hotel is definitely responsible. Because the hotel management is not strict, it will lead to tourists breaking in and causing accidents, so the hotel is responsible for this matter.

  3. Anonymous users2024-02-10

    I think so, because the beach is a hotel facility, tourists will drown not only because of their own safety awareness, but also because the hotel's protective measures are not enough.

  4. Anonymous users2024-02-09

    If the hotel does not set up safety signs or cordons on the beach, the hotel is responsible and cannot escape responsibility. The hotel has the obligation to ensure the safety of tourists, and the hotel should be responsible.

  5. Anonymous users2024-02-08

    The hotel should be partially responsible, because since the hotel is equipped with a private beach for tourists to use, it should be prepared in advance, and there should be a professional security officer on the beach to protect the safety of tourists.

  6. Anonymous users2024-02-07

    The hotel does have to bear some responsibility, as swimming on such a private beach is actually supervised.

  7. Anonymous users2024-02-06

    The beach is a public domain, and the location of the guest's accident is not within the scope of the hotel's operation, so the hotel is not responsible.

  8. Anonymous users2024-02-05

    As the owner of the so-called "private beach", the hotel has an unshirkable main responsibility, because the swimming service is provided without the corresponding safety measures, and the tourists are also very responsible.

  9. Anonymous users2024-02-04

    Because the promotion has a private beach and third-party facilities, even if you don't know about it, you will have a small amount of joint and several liability, and this part of the responsibility depends on the mediation between the parties and the hotel.

  10. Anonymous users2024-02-03

    Nowadays, many people like to play by the sea because the sea is boundless and vast. Take a walk by the sea, relax your mood, and make people feel happy. But in fact, there are certain dangers at the beach, we must take our children when playing, do not let them go to the beach, to prevent the waves from sending them away.

    There was a very sad incident in Huizhou City, when a tourist saw a resort hotel with a private beach, and wanted to live in it during his vacation.

    So on October 2nd, he checked into this hotel. In the afternoon, he and his relatives were swimming next to the beach and unfortunately drowned. Because there were no rescuers at that time, the rescue was not timely, resulting in death.

    At that time, this incident attracted the attention of the majority of netizens, who wanted to see how the hotel staff would solve the matter.

    But I didn't expect the person in charge of the hotel to say this, they don't have any responsibility, because the beach is a public area, and the place where the guest has an accident is not within the scope of his own management, so it has nothing to do with him. The victim's family claimed that their hotel was suspected of smuggling responsibility. Some people who broke the news said that because there were no warning signs on this beach, the drowning of personnel was actually related to them.

    And the person in charge of the hotel said that he is not obliged to compensate, and if the guest has an objection, he can go to the law to complain. If the hotel is found to be liable by law, compensation will be paid. At present, this matter is still in dispute, and there is no clear result.

    When we play at the beach, we must pay attention, if we can't swim, try to stay away from the beach, so as not to have any more heart-wrenching accidents.

    And as parents, they should also manage their children well, and don't let their children lean into the water, so that their bodies and minds will be harmed, which is also very bad for them. In fact, in addition to swimming, there are many fun places on the beach, and you don't have to swim.

  11. Anonymous users2024-02-02

    It should be responsible, because the hotel's protective measures are not perfect, and there must be a loophole in some aspect that will cause tourists to drown.

  12. Anonymous users2024-02-01

    I think the hotel is responsible, after all, it was drowned while swimming on the hotel's private beach, and we can file a lawsuit in court.

  13. Anonymous users2024-01-31

    Tourists should not be responsible for swimming on the private beach of the hotel, because it is a private beach and not a beach within the hotel area, so the hotel is not responsible.

    The private beach is a personal property, and the place where the tourist had an accident is not within the operation and jurisdiction of the hotel, and the hotel is not responsible. On the contrary, if the tourist has an accident in the area under the jurisdiction of the hotel, then the hotel needs to be in charge.

  14. Anonymous users2024-01-30

    The hotel should be partially responsible for this matter. Tourists drown while swimming on the hotel's private beach, which reflects the hotel's lack of protection and prevention measures in the relevant aspects, because you have a private beach where you can swim, you must have the obligation and responsibility to do a good job of protection measures, so the hotel should be partially responsible.

  15. Anonymous users2024-01-29

    There should be responsibility for this. The location of the accident was within the hotel premises, and the hotel staff did not do a good job of security.

  16. Anonymous users2024-01-28

    Of course, there is responsibility for this. Since the hotel has contracted this beach and opened it to the public, it has to take responsibility for tourists. In the case that the complete safety of the sea area cannot be guaranteed, rescue measures should be taken. In the event of a drowning accident, the hotel has an unshirkable responsibility.

  17. Anonymous users2024-01-27

    The hotel does have to bear some responsibility, because it is very dangerous for such beaches to be left unattended.

  18. Anonymous users2024-01-26

    Who is responsible for the drowning of tourists swimming on the private beach of the hotelIt is not yet clearAt the same time, Hu Hailiang, a lawyer from Guangdong Jiutao Law Firm, believes that whether the hotel needs to bear the liability for compensation in this case depends on two points.

    One isWhether the beach is managed by the hotel, such as closed management, non-hotel accommodation personnel are not allowed to trespass, etc. The second is to seeWhether the hotel has fulfilled its safety management obligations, such as the configuration of lifeguards and other measures. If the two parties cannot reach an agreement through negotiation, they can only file a lawsuit with the people's court to request that it be handled in accordance with the law.

    It is reported that Ms. Gui, a family member of the drowning victim, said that she did not see a striking safety warning sign on the beach at that time, and later found a notice posted at the corner of the stairs.

  19. Anonymous users2024-01-25

    Personally, I think the hotel should be primarily responsible. This incident occurred in a hotel in Huizhou City, Guangdong, because the tourist saw on the promotional page that this hotel has a private beach to play, so stayed in this hotel, did not expect the tourist's relatives to go to the private beach to swim, but did not expect to have a drowning situation, and because the rescue was not timely, resulting in the tourist's relatives drowning to death. It was supposed to be a good holiday, but because something like this happened, the mood can be imagined to be heavy.

    The hotel believes that the private beach does not belong to the hotel, so the hotel should not bear the loss in this regard, and the victim believes that he chose to stay in this hotel because he took a fancy to the private beach to which the hotel belongs, but he did not expect such an accident to occur, so the hotel should bear this responsibility.

    According to the tourist, he came to stay in this hotel because he saw the hotel on the leaflet with a private beach to make a boo, then the hotel should obviously be responsible, and the hotel's management of the private beach is not standardized enough, even if it is not the scope of the hotel, you can also place a striking sign next to it to remind tourists that the water depth is dangerous, of course, you can also explain to tourists when the tourists check in, this private beach does not belong to the scope of the hotel, and the hotel is not responsible for anything. But apparently the hotel did not do this, and it is estimated that they are also afraid that the private beach does not belong to the hotel, which will lead to the loss of some customers.

    Of course, it cannot be said that the entire responsibility lies with the hotel, and the tourists themselves also have a certain responsibility. However, at present, there is no clear indication between the hotel and the tourists which party is responsible, and both sides have their own opinions, and no one is convinced by the other anyway. Therefore, when you go out to play, you must pay attention to your personal safety, and when you check into the hotel, you must understand the situation around the hotel.

  20. Anonymous users2024-01-24

    This should be the primary responsibility of the hotel, as there should be safety warnings and safety lifeguards since such facilities are set up.

  21. Anonymous users2024-01-23

    The main responsibility should be borne by the hotel, which did not estimate the danger of the private beach, did not arrange personnel to eliminate the dangerous situation, and did not remind tourists to swim and set up a protection mechanism.

  22. Anonymous users2024-01-22

    The parties bear the main responsibility, after all, the beach should be a public place and does not belong to the hotel, so the hotel should not be responsible.

  23. Anonymous users2024-01-21

    I think the hotel should take the main responsibility, after all, this private beach is owned by the hotel, and the hotel management should inform tourists about the dangers of the beach.

  24. Anonymous users2024-01-20

    Whether the hotel should be responsible for the drowning of tourists swimming on the hotel's so-called private beach depends on how the hotel advertises to the outside world. If the hotel's external publicity makes it clear that the beach outside the hotel is the hotel's private beach. Well, the hotel should be responsible for the death of the tourist.

    Of course, if the hotel does not make it clear in the external publicity, the beach is the hotel's private beach. Then, it may be difficult to hold the hotel accountable. It is reported that at present, the hotel has made it clear that the tourist had an accident outside the hotel and is not within the jurisdiction of the hotel.

    Therefore, there is nothing to be responsible or explain for the hotel itself.

    It is reported that the tourist who had the accident was an old man who was already 70 years old, and the reason why this old man had an accident was whether he was physically unwell or an accident that occurred while playing, no one could say clearly. The hotel's claim to be a private beach is not true, and the beach outside the hotel is not owned by individuals.

    The hotel said that this incident was not directly related to them, and they did not know about it, and the hotel felt that they did not need to be responsible or explained whether they should be held responsible for this matter. There is no definite word on whether the tourist's family will defend their rights through legal means.

    Tourists mostly come out to relax, but also to relax. This kind of thing is difficult for anyone to accept. After all, there is only one life and such a thing happens, most people will first question whether the hotel's various measures are complete.

    Obviously, there is nothing to be done about this place, which claims to be a private beach. It is believed that this is also the main reason for the drowning of tourists. Of course, the elderly who are already 70 years old should be taken care of and accompanied by someone when they are out playing, and the children of the elderly should also feel guilty and blame themselves, and should not put all the responsibility on the hotel.

  25. Anonymous users2024-01-19

    I think the hotel should take most of the blame, and since the hotel has opened up a so-called private beach, the hotel should take some responsibility after an accident with a tourist.

  26. Anonymous users2024-01-18

    The hotel should be held responsible, because the hotel did not give good safety tips to the private beach, and did not arrange professional rescue personnel to patrol and rescue, and the protection of tourists was not in place enough.

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