Life is full of unexpected events, and sometimes accidents happen that can disrupt our daily routines. Imagine a scenario where guests staying or dining at a hotel experience a fall and suffer injuries. In such cases, it’s important to understand the legal provisions regarding the hotel’s responsibility and liability.
Therefore, I am here to shed light on this matter. When a consumer slips and falls within a hotel premises, if the hotel fails to fulfill its duty to maintain a safe environment, they are obligated to compensate the injured party. It is their responsibility to ensure the safety of their guests. However, if the injury is caused by a third party and the hotel has taken reasonable steps to ensure safety, their liability is limited to supplementary responsibility. In other words, they are not held fully accountable for the accident.
Now, let’s delve into the specifics of the compensation standards for various expenses related to such incidents. Firstly, medical expenses are determined by considering receipts from medical institutions, including medication and hospitalization fees, along with relevant evidence such as medical records and diagnosis certificates.
Secondly, lost income is taken into account. The victim’s work absence time and income status play a crucial role in determining the compensation they should receive.
Thirdly, if the injured party requires nursing care, the expenses are calculated based on whether the caregiver has an income or not. If the caregiver has an income, it is evaluated using the lost income standards. On the other hand, if the caregiver does not have an income or hires a nurse, the local labor remuneration standards for equivalent nursing services are considered.
Transportation expenses are also covered. These include the actual costs incurred by the victim and their necessary accompanying individuals for medical treatment or transfers. Official receipts should serve as proof, and the supporting documents should align with the location, time, number of people, and frequency of medical visits.
In cases where the victim needs to seek treatment away from their hometown and cannot be hospitalized due to objective reasons, the hotel should compensate for reasonable accommodation and meal expenses incurred by the victim and their accompanying individuals.
Additionally, funeral expenses are reimbursed according to the funeral expense standards of the location where the accident occurred if the victim passes away. Compensation for death is determined based on the average cost of living in that area, with a duration of ten years. Adjustments are made for individuals under sixteen years old or over seventy years old to ensure fair compensation.
It’s important to note that the hotel’s responsibility and liability are contingent upon whether they have fulfilled their duty to ensure safety. If they have taken reasonable precautions to prevent accidents, they may not be held liable for injuries suffered by their guests.