Eat hot pot accidentally slip fall injury, hot pot restaurant compensate?
On the evening of August 30, 2020, Qin and his friends were eating hot pot at a hot pot restaurant in Kunming. During the dinner, Qin got up to go to the bathroom and accidentally fell down on the slippery floor on the way back to his seat.Classics diagnose, qin mou wrist dislocation.After qin mou negotiates compensation matters with hot pot restaurant for many times fruitless, Qin Mou sues hot pot restaurant to court.Recently, Kunming Xishan District people’s Court decided that the hot pot restaurant to assume 80% responsibility, compensation Qin 12,000 yuan.Facts: hotpot restaurant meals during the ground wet fall on the evening of August 30, 2020, Qin Mou to kunming a hot-pot restaurant meals, dinner, Qin Mou getting up to go to toilet, back seat on the way, as a result of hotpot restaurant staff mop the floor wet on the ground, wounded Qin Mou slipped and, after the hospital diagnosis, Qin Mou wrist joint dislocation, to be implanted into the palm of the left three steel needle.After Qin mou is discharged from hospital, both sides can not reach an agreement on the amount of compensation for the cost, so Qin Mou appeals to xishan court.The court ordered the hotpot restaurant to pay 54057.9 yuan for overdue work, nursing, nutrition, post-treatment, appraisal and transportation costs.Hotpot restaurant argued that has the basic safety guarantee obligation, where the Qin Mou slip, hotpot restaurant in the operating process is a mat, there were no mat because that time is more than the normal business hours, entered the stage of cleaning when has a yellow sign shows no thoroughfare.After qin fell, he did not seek medical treatment in time, and the operator of the hot pot restaurant has been asking whether the other party needs medical treatment, so the hot pot restaurant has done its basic security obligations.He was also at fault because he drank heavily and ignored warning signs and employee channels.Trial:Hotpot restaurant failed to fulfill the duty security, will be responsible to compensate any damages of the court held that in this case, the plaintiff in the defendant to open hotpot restaurant dining, the accused is close and has started cleaning mop the floor, the plaintiff off on his way home to go to the bathroom on the hot-pot restaurant staff channel falls, from the court find out the defendant then sweep the floor, there is a ground slippery safe hidden trouble,It should be determined that the plaintiff’s fall is related to this. As the operator of the hot pot restaurant, the defendant failed to fulfill the security obligation and should bear the corresponding compensation liability for the reasonable loss caused by the plaintiff.At the same time, the plaintiff is as young adults, adults with full capacity for civil conduct, in the case of the knowing that I was drinking, walking should be more careful than usual, but the sign of the plaintiff did not notice the staff channel no thoroughfare, has not fully pay attention to the foot traffic environment, overlooked the careful attention to its own security obligations, the occurrence of the damage to its own fault,The law may abate the accused.Based on the actual situation of this case, the court decides that the defendant shall bear 80% of the compensation liability for the loss of the plaintiff, and the plaintiff shall bear 20% by himself.As for the plaintiff’s loss, after the court’s investigation, the total amount of medical expenses, post-treatment expenses, hospitalization food subsidies, loss of work, appraisal fees, etc. is 15,771.87 yuan, and the defendant shall bear 80% of them, namely 12,617.5 yuan. During the plaintiff’s hospitalization, the defendant has paid 13,000 yuan in advance, which has exceeded the amount that the defendant should bear, and the defendant has not made a counterclaim in this case.Therefore, the plaintiff’s claim shall be rejected.In summary, the court rejected the plaintiff Qin all lawsuit request.Law links as prescribed in article one thousand one hundred and ninety-eight of the law of the People’s Republic of China civil code: “hotel, bank, shopping malls, railway stations, airports, stadiums, entertainment and other places of business, public places of operators, managers or mass activity organizers, did not fulfill the duty security, causes damage to others, shall bear tort liability.”Article 1,173 provides that “where the infringed is at fault for the occurrence or expansion of the damage, the liability of the infringer may be mitigated.”Source: Law Voice editor: Chen Bingjuan