Watching the mobile phone while walking, a pedestrian in Jinan was injured by the hotel's iron chain and sued the hotel!The court was sentenced to: The claims of not walking on the normal road were rejected

Jinan and his party looked down at the mobile phone and was injured by the quarantine pile outside the hotel, and later claimed the hotel. On July 14, the Jinan Intermediate People's Court informed the trial of the case: The pedestrian fell this time that it had not walked according to the normal road, and did not pay attention to the situation of the road during walking. The hotels involved should not be liable for compensation.

Case retrospective:

One day in December 2018, when Dong Moumou walked from east to west to the front of a hotel, he was set up by a hotel by a hotel (used to isolate his parking lot and adjacent hotels because he walked on the side of the road. The parking lot) stumbled. Later, Dong Moumou was taken to the hospital for treatment. The diagnosis results were: the right ulnar eagle mouth fracture and was hospitalized for 8 days. The two parties did not reach a mediation on the dispute. Dong Moumou prosecuted the hotel to the court and asked the hotel to compensate his medical expenses, secondary surgical costs, hospital food subsidies, nutrition costs, misunderstanding fees, nursing expenses, transportation expenses, mental damage soothing, etc. , Totaling 124118.29 yuan.

A hotel argued that there was no fault in the case of a hotel. As a hotel operating unit, it had fulfilled the obligation to security. Dong Moumou's damage consequences did not have any causal relationship with the behavior of a hotel, and should not bear the liability for infringement. Dong Moumou did not fulfill the obligation of cautious attention. He did not walk on the public road. When he looked down at the parking lot, he was tripped. There was a obvious fault. The consequences of the damage were completely caused by his individual and should be responsible.

Court decision:

The court of first instance tried that a hotel as a hotel business department set up an iron chain around its parking lot, but did not set up any security warning signs, which caused Dong Moumou to be injured by the iron chain.

The behavior of security and guarantee within a reasonable limit has certain faults. As an adult, Dong Moumou did not pay attention to his own safety during walking, and his behavior also had certain faults for the occurrence of the accident. Comprehensive consideration of the degree of faults of the two parties, confirmed that a hotel assumes a 50%liability for Dong Moumou's losses. Based on this, a hotel was judged in the first instance to compensate Dong Mou and a certain loss of 40179.45 yuan.

A hotel appealed to the original judgment opinion. The intermediate People's Court of Jinan City, Shandong Province, believes that the location of the accident is located in a hotel parking lot. The parking lot is isolated from the outside world with the hotel's exterior walls, parking rods, guardrails and green belts. It is not a normal path for pedestrians. The parking lot is adjacent to other hotel parking lots. A hotel has an isolated pile and an iron chain from other hotels. It is a normal internal management behavior. There is no fault in this behavior. Dong Moumou walked from the parking lot of the hotel involved in the case. It was not walking on the normal pedestrian passage, and he kept looking down at the mobile phone when he walked, so that he did not lift his feet to cross the isolation, and fell.

Therefore, the court of the second instance determined that there was no error in the behavior of a hotel setting up a quarantine pile. Dong Moumou fell because he did not walk according to the normal road and did not pay attention to the situation of the road during walking. Essence

New Yellow River Reporter: Chen Tongtong

Edit: Liu Yuhong

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