Wash bath to communal bathroom, general meeting discovers metope mark has " the patient such as heart disease, hypertension forbids inside " wait for caution catchphrase. But bath guest whether sicken, cannot differentiate from appearance only. If wash the guest happening accident of bath, whether does the bathroom need to assume liability to pay compensation? Recently, careful of court of the district that connect the cloud writtened guarantee even cloud harbor city one case life power, healthy advantageous position, body counterpoises dispute, one man breaks out a disease to die when communal bathroom washs bath, bathroom of family member requirement assumes the liability to pay compensation of 30% to add up to 260 thousand yuan. The court adjudicates this bathroom assumes 5% responsibility finally, compensatory dead family member more than yuan 40 thousand.
Cardiac muscle is broken out to straighten dead to die when the man washs bath
On January 29, 2018, sun Mou arrives some bathroom washs even the island bath, enter piscina bubble after about 4 minutes, bend over suddenly next in piscina falling, rub back master calls a person to carry its after on bathhouse sofa, anabiosis to applying heart lungs actually emergency treatment, dial at the same time 110 call the police with 120 phones appeal.
120 ambulances affirm to examination of the classics after the spot Sun Mou already died. Police station of the frontier defence that join an island goes out alarm hind, group of classics gumshoe technology and perambulate of spot of legal medical expert discover Sun Mou is outside nondestructive injury, judicatory appraisal center is being amounted to via connecting cloud harbor after the dead reason to Sun Mou has identification, sun Mou accords with acute cardiac muscle to straighten to die to death.
The family member accuses to the court requirement bathroom assumes the liability to pay compensation of 30%
The family member thinks, this bathroom environment is airtight, ventilated measure is undeserved, bring about Sun Mou to die, the bathroom ought to assume fair liability to pay compensation. On January 18, 2019, sun Mou's family member will join an island some bathroom and real operator Zhang Mou are sued to court of Lian Yun district, requirement bathroom and operator assume the liability to pay compensation of 30% to add up to 260 thousand yuan.
In front courtyard careful, bathroom and argue of operator Zhang Mou say, because acute cardiac muscle straightens to die to death,Sun Mou is, oneself disease causes its death cause, the bathroom all already arrived ventilated, remind, inform wait for security obligation. After the bathroom discovers the dead's situation is unusual, adopted artificial breath to wait instantly rescue them measure, dial in time 120 with 110, do not have fault, ought not to assume liability to pay compensation.
The court sentences your bathroom to assume 5% liability to pay compensation
The court thinks after classics cognizance, public administrative person all did not guarantee obligation to safety, cause other to damage, ought to assume tort responsibility. Sun Mou straightens to die to death because of acute cardiac muscle in the process that wash bath, oneself contracts a disease is the main reason that causes its to die. The bathroom when the accident reachs bath area doorway to all be put opposite the counter have clew card, used up clew obligation, rescue them actively after the accident, all also arrived to rescue them accordingly compulsory. But did not open in view of the exhaust fan of the bathroom when the accident, the airiness inside the bathroom not free, it is certain to send ill death to exist with Sun Mou causal, the accused joins an island some bathroom also is put in certain fault.
Consider this case integratedly actual condition, use one's discretion of court of the district that connect the cloud is maintained some bathroom assumes even the island the liability to pay compensation of 5% , add up to more than yuan 40 thousand. After the court decision, both sides all did not mention appeal.
Judge view:
According to " tort liability law " regulation, the public administrative person such as guesthouse, bazaar, bank, station, public place of entertainment or the organizer of activity of of a mass character, all did not guarantee obligation to safety, cause other to damage, ought to assume tort responsibility. Public administrative person ensures obligor as safety, all ought to guarantee obligation to reasonable safety, eliminate potential risk in time, undertake hint and introductory to the real risk of existence, warn the citizen that contracts the disease such as hypertensive, heart disease at the same time, should avoid to arrive alone as far as possible personnel concentrated, airiness not the place of free, lest cause an accident.
