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It depends on the nature of the person's death, if it is the person's own reasons, the hotel will not be liable, for example, the person has his own disease, high blood pressure.
Heart disease or something that leads to death, unless the hotel staff does not fulfill the obligation to help, do not take first aid** or do not take first aid measures, these hotels are responsible, but the responsibility is not very large.
In addition, if the death is caused by the hotel, the hotel is liable, and the hotel cannot escape responsibility, which is very clear.
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Depending on the situation, if the ground is not cleaned in time or because of the failure of equipment and facilities, the guest falls down and dies, the hotel has to bear a large part of the compensation, but if it is because of suicide or homicide, it depends on whether the hotel finds out whether to call 120 emergency ** and 110 police ** in time, if there is a dispute over the compensation, the negotiation fails, as the family of the party, you can go to the court to sue for resolution, if you are not satisfied with the court judgment, then the second instance, the final result is subject to the final judgment, If the court orders the hotel to compensate part of the damages, and the hotel delays or refuses to compensate without reason, then apply to the court to enforce it! This issue should be analyzed on a case-by-case basis, if the death is due to the management of the hotel, facilities, etc., the hotel will be responsible, if the death is caused by personal reasons, the hotel will not be responsible, of course, some hotels will give some money out of humanitarian reasons. Therefore, the analysis of the problem should be analyzed from each aspect.
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If the hotel fails to meet its security obligations, it can claim compensation. Tort Liability Law.
Article 37: Hotels, shopping malls, banks, stations, and entertainment venues.
Where managers of public places or organizers of mass events fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability. Where a third party's conduct causes damage to others, the third party shall bear tort liability; Where managers or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. Article 37 of the Tort Liability Law stipulates the obligation to ensure the safety of natural persons, legal persons or other organizations engaged in business activities such as accommodation, catering, entertainment and other mass activities.
The security obligation is usually the obligation to require one party to take an active role in the personal safety and property safety of the other party in the absence of a contractual agreement between the parties. Liability for breach of security obligations is responsibility for omission. Facts:
Article 37 of the Tort Liability Law of the People's Republic of China divides the liability of the site manager and the responsibility of the organizer, in which the liability of the site manager usually occurs in a specific place, and the security obligation only occurs in a specific place. According to Article 37 of the Tort Liability Law of the People's Republic of China, specific places include "hotels, shopping malls, banks, stations, entertainment venues and other public places". The duty of security is a legal obligation, and the principle of fault liability should be applied to anyone who violates the duty of security and causes damage to others.
Where the person obligated to ensure the safety of relevant social activities fails to fulfill their obligation to ensure safety and causes harm to others, they shall bear responsibility for compensation for the damages. **: Beijing Morning Post - 6 people took drugs in the hotel, 2 people died. The hotel was awarded 80,000 yuan in compensation for this incident.
The deceased did not die as a result of accidental injury or inadequate security at the hotel, but committed suicide and the hotel does not assume any legal responsibility.
We should consult with each other whether we can ask for unjustified humanitarianism.
Because the deceased committed suicide in the hotel, the hotel industry can demand compensation from the family of the deceased.
Specific liability should only be determined after the cause of death has been determined. If the person is not caused by the fault of the hotel, he should not be held liable.
Belong to management! It should not be checked in but allowed to do so, and there should be some responsibility.
In the case of suicide, the hotel should not be held responsible.
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This is on a case-by-case basis. If the person dies of natural causes in the hotel, the hotel is not responsible. However, if the person died due to an accidental death or some accident in the hotel, then the hotel is jointly and severally liable.
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If a person dies in the hotel, it depends on whether the hotel is responsible for the death of the guest, and if it is a normal death, the hotel does not need a foil. If the hotel is responsible, it needs to be compensated.
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It depends on the cause of death, if it is the cause of the deceased himself, such as sudden heart attack, cerebral infarction, sudden death, suicide, etc., the hotel is not responsible for compensation, such as the hotel's electrical wiring leakage, electric shock, wet ground is not dried in time, slippery, customer falls and dies, etc.
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If a person dies in the hotel, first of all, the police station will verify whether the guest checks in with his ID card, if he checks in, then verify the reason for the guest's death, if it is a suicide, then the hotel is not responsible, if it is a homicide, verify whether the killer is a registered person who lives with him, if the murderer is not registered, the hotel needs to bear the corresponding responsibility for negligence.
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It cannot be generalized, and this should be analyzed on a case-by-case basis.
Where managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or organizers of mass events, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.
Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the manager or organizer fails to fulfill the security obligations, they shall bear the corresponding supplementary responsibilities.
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If it is a sudden illness and death, the hotel is useless and responsible. The hotel is responsible for the exception of unforeseen events caused by the hotel.
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Because if a person dies in the hotel, the hotel will have to compensate for some losses.
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If you can die in the hotel, even if the hotel is not responsible, for humanitarian reasons, how much will you need to pay a little compensation?
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If the cause of death has nothing to do with the hotel, I think we have to pay compensation.
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My friend died in the hotel, does the hotel have to lose money.
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After all, he died in a hotel, and I think I should pay some of the damages.
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Legal Analysis: 1. If a guest dies due to excessive drinking during accommodation, the hotel shall not be liable for compensation if it fulfills its duty of safety and care. 2. If the hotel fails to fulfill its duty of safety and care, it is at fault, and it shall bear appropriate liability for compensation according to the degree of fault.
Legal basis: Article 1198 of the Civil Code of the People's Republic of China.
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. 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.
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In the process of staying in the hotel normally registered, the hotel does not need to compensate for the death of its own reasons, of course, beyond the time of residence, the hotel does not have any communication, so it is necessary to be responsible. Moreover, whether the woman was accompanied by relevant personnel before entering the hotel, and whether he had some abnormal circumstances, these may be used as factors to determine whether she needs to bear compensation. <>
1. Whether the hotel needs to bear the compensation depends on the specific situation
We used to look at things really very naïve, thinking that even if this person died in the hotel and didn't touch him, there is no need for compensation for this, but it is because you didn't care, you didn't ask, so you should be more responsible for compensation. When we stay in the hotel, we will basically ask our ID card for registration, this registration is not only responsible for ourselves but also responsible for the hotel, in case of special circumstances, we can contact you in time. There is a woman who died due to her own reasons while staying in the hotel, and the hotel also needs to bear part of the responsibility.
Second, if you should ask, you must ask clearly
If the woman did not register, and did not ask for the relevant resident information, in this case the hotel is equivalent to inaction, must be held responsible, and the woman did not check out within a certain period of time, the hotel staff did not communicate with **, in this case it is also necessary to compensate, do not feel that people live in your hotel and do not take the initiative to check out, you do not need to bother too much. All kinds of hidden dangers you leave behind are actually accumulated for yourself, and you still have to ask about the troubles, and you still have to register if you should register. <>
When the hotel sees someone to register, you must ask about the relationship, especially the kind of people who are not even, only open a room must be a problem, we should call the police, don't always think that more is better than less, really encounter problems You hotel also need to compensate, but also need to suspend business for rectification, the loss is a lot.
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The hotel is not liable for damages. Because the woman died due to personal reasons and had nothing to do with the hotel, the hotel did not need to bear the corresponding liability for compensation.
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The hotel is not liable for compensation, because the woman's death has nothing to do with the hotel, but only because of the woman's own disease.
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It depends on whether the hotel finds out that the customer is wrong in time, and whether there are rescue measures in time, so that it can be determined whether the hotel has relevant responsibilities, and if there is a certain responsibility, it needs to bear compensation.
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Of course, it is needed, because the woman died in this hotel, and the hotel should bear some joint and several liability and should compensate.
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Summary. According to the provisions of the relevant laws of our country, the operators and managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business venues and 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.
If a person dies in the hotel, does the hotel have to pay compensation?
To see if the hotel is at fault for the death, it is recommended to bring materials for face-to-face consultation.
According to the provisions of the relevant laws of our country, the operators and managers of hotels, shopping malls, stocking banks, stations, airports, stadiums, entertainment venues and other places that operate and public places, or the organizers of mass activities, shall bear tort liability if they fail to fulfill their duties of safety and security and cause damage to others.
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