If the suspended ceiling (suspended objects) in the restaurant falls off and causes damage to others, if the owner, manager or user of the restaurant cannot prove that they are not at fault, they shall bear tort liability. Since it happened in Hangzhou, let’s talk about the compensation standard in Zhejiang Province. In the compensation for personal injury, if the two parties fail to reach a settlement, the business should bear the compensation costs in addition to medical expenses, including at least: 1. Lost work expenses. If the couple has a fixed income, the missed work fee = actual missed days × daily wage; if there is no fixed income, if the average income status of the past three years can be proved, missed work fee = daily wages of the past three years × actual missed days; if it cannot be proved , Lost work fee = Average daily wage of employees in the same or similar industry where the court is located in the previous year × actual missed days (usually based on sick leave or medical advice). The data for 2020 has not yet been released, and the average salary in 2019 is 71,523 yuan. 2. Hospital food subsidy. Food subsidy for general staff of local government agencies on business trips × number of days of hospitalization. Zhejiang Province is generally 50 yuan/day. In practice, the amount supported by different district courts will vary greatly. For example, Jiaxing is generally 20-30/day; from April 1, 2020, Hangzhou will be calculated at 100/day. 3. Nursing expenses. If you are hospitalized and need nursing care during the hospitalization, there is still this expenditure. If the nursing staff has income, it shall be calculated by referring to the provisions of the lost-time allowance; if the nursing staff has no income, the nursing fee = the average daily salary of the employees in all social units in Zhejiang Province in the previous year × the nursing period (generally according to the doctor’s order). 4. Transportation expenses for medical treatment. According to the actual calculation of the transportation bill, the maximum is generally no more than 30 yuan/day. 5. Mental injury comfort money. It can only be claimed when “mental damage is severe”. If the face is burned to the point of disfigurement, it can be argued. If it is only the extent of a scar on the chin, it may not be advisable. 6. Others. If disability is caused, there will be disability subsidies, assistive device fees, follow-up care fees, and so on. If it is true that the two parties have reached a settlement, and the merchant has already paid the money in place, it means that the couple can no longer file a lawsuit for the infringement. But the premise is that the other party does make it clear that “give XX money to us and forget about it.” When I saw the word “reconciliation”, I just remembered the case I was doing recently. The court was going to be held this week. It was an oral and private settlement, and the parties recorded the audio. Oral mediation is very risky. It is recommended to make a recording during the reconciliation, and try to fully explain the time of the recording day, the identities of both parties, and the facts in the recording. It is best to make a written mediation agreement, or call the police, and mediate in front of a credible third party. This statement of apology mentions that I have “unshirkable responsibilities” and it is considered sincere. I hope that consumers’ personal safety issues can be considered and supervised in place, so as to provide psychological comfort.


By zhiwo

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6 months ago

Latest development: Chen He hot pot restaurant apologizes
Some netizens claimed that they were injured by the falling ceiling while eating at the Chen He hot pot restaurant, and others were burned. Just now, the official blog of the hot pot restaurant issued an apology statement, saying that they had coordinated with the injured customer and made compensation in the first time. Reach a settlement. Subsequently, also reposted an apology, “Apologize again to the two customers. We will conduct a thorough investigation and rectification, and we will not tolerate safety issues!” ​
Ms. Li and her husband went to Xianhezhuang Braised Hot Pot Hangzhou Wanda Store to have a meal. The spicy pot came up just about to be eaten, and the ceiling fell down. The couple broke their hands and burned their faces, both of them were injured.

6 months ago

I found a phenomenon that I can’t understand: fans are boasting that “Xianhezhuang’s attitude to solve the problem is not bad, and has always been very positive”… The key to this is not the attitude of solving the problem, but the falling ceiling. Things shouldn’t happen in the shop… To be honest, there is such a serious accident, and a good attitude is the minimum. This kind of minimum thing can actually be taken out to praise… The rice circle is really impossible for me. You can “blackmail” 30w to understand where it is, but he can only give you 8w. Society has never been equal. The rules may only protect everyone as much as possible, and there can only be those who are truly above this. Money people and high society. No one wants to suffer misfortune, so I hope everyone is healthy and safe. The safety issue is no small matter. Not only did the ceiling fall hit people, but it also burned and blistered the customer’s face when it fell into the soup pot. It is said that there was a scar on the chin, which was really terrifying. If fans really love their idols, they shouldn’t make such irresponsible remarks. It is understandable to maintain idols, but if they do not distinguish between right and wrong, the effect may be counterproductive, and it will discredit the other party.​

6 months ago

I vaguely remember that I saw a ceiling falling incident in a certain college in a certain question a few days ago;
Today I saw that the ceiling of the hot pot restaurant fell again. Why did I suddenly feel that the quality of the ceiling installation is really worrying?
I hope that the ceiling safety issue can arouse sufficient attention from relevant parties, and send professionals to carefully investigate whether there are hidden safety hazards in the ceilings of various universities and catering departments;

6 months ago

According to Xianhezhuang’s announcement, it has been settled, and Xianhezhuang Hot Pot Restaurant only needs to perform its responsibilities and obligations in a timely manner in accordance with the agreement. Of course, if the couple have evidence to prove that the settlement agreement was coerced, deceived or signed under fairness, then it is a different matter. In addition, if the medical expenses required for facial repair or cosmetic treatment change, and this cost is unpredictable for the current treatment, then the cost can continue to be negotiated with the merchant. If the negotiation fails, the lawsuit can also be initiated.

6 months ago

I read it again. Isn’t this the words “reconciliation” and “reimbursements were made to…” in the words of Dou Da? The “reconciliation” on April 10th, the news was released on the 11th. “Reconciliation” means “private”. Both parties pay money while signing an agreement, but we don’t know how much we lost. The description in the previous section of the news is “past tense.” If you don’t read it carefully, you can easily be misled by the rows of red words. “Reconciliation” is voluntary. To put it in exaggeration, a compensation of one hundred yuan is a “reconciliation”, and a compensation of one million is also a “reconciliation.” It’s just that if you pay too little for a “reconciliation”, the law may think that you bully others and you don’t understand the law and intervene; if you pay too much for a “reconciliation,” the law will basically not control you just because you don’t understand the law.

6 months ago

This kind of thing is a little knowledge of law popularization. Just follow the law. Of course, it is known that Chen Hefang has already apologized for this matter and reached a settlement. Because Xianhezhuang involves the star Chen He, if it is not handled well, it will affect Chen He’s reputation and reputation. Therefore, this also reminds celebrities that they must abide by laws and regulations when selling hot pot, stick to the bottom line, and prevent damage to their public image. Although Chen He would think of Xianhezhuang, Xianhezhuang is a form of franchise stores, and each store bears the legal responsibility independently. The loss of money has nothing to do with Chen He. According to information from Xianhezhuang Restaurant in Gongshu District, Hangzhou, this is a company with independent legal personality, and the compensation is funded by this company. For the company that was just established on August 6, 2020, it is estimated that the franchise fee has not been earned back yet. “The ceiling fell and hit someone” is responsible for this “Xianhezhuang store” without any problems. Catering shops and shopping malls have “safety guarantee obligations” to customers. According to Article 18 of the Consumer Rights Protection Law: “Operators shall ensure that the goods or services they provide meet the requirements for the protection of personal and property safety. For goods and services that endanger the safety of people and property, consumers should be provided with true explanations and clear warnings, and explain and indicate the correct use of goods or receiving services and the methods to prevent harm. Consumers enjoy personal safety when dining. The right to be protected. And this shop caused damage to the customer due to the falling ceiling. There is nothing wrong with this. The shop pays the customer’s medical expenses and personal damage compensation costs, and there is no problem with the ceiling falling. The reason is man-made or the decoration company’s reasons, this store can recover from the person who eventually caused the accident after the subsequent investigation. Customer injured-Gongshu District Xianhezhuang store is mainly liable = According to the “Personal Damage Compensation Case” Interpretation on Several Issues of Applicable Laws, Article 6, paragraph 1, stipulates: “Natural persons, legal persons, and other organizations engaged in business activities such as accommodation, catering, entertainment, or other social activities, failing to fulfill their security obligations within a reasonable range and causing others to suffer personal injury In case of damages, the people’s court shall support if the right holder of compensation requests it to bear the corresponding liability for compensation. There is no dispute in the legal relationship. As for the compensation: Article 16 of the Tort Liability Law of the People’s Republic of China stipulates that if an infringement of others causes personal injury, medical expenses, nursing expenses, transportation expenses, etc. shall be compensated for reasonable expenses for treatment and rehabilitation. And the reduced income due to missed work. In the event of a disability, compensation shall also be made for the cost of living aids for the disabled and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated. The specific standards are as follows: 1. The compensation for medical expenses and medical treatment expenses should generally be confirmed by the diagnosis certificate of the local treatment hospital and the medical expenses, treatment expenses, hospitalization expenses or medical records and prescriptions. If necessary, a forensic doctor may be entrusted to conduct an identification. The local treatment hospital generally refers to a hospital closer to the victim’s residence or the place where the infringement occurred. If the victim has been treated in several hospitals at substantially the same distance, the medical expenses of the first hospital should generally be recognized, except for treatment errors in that hospital or other special circumstances. The expenses of finding another hospital for treatment without approval shall be generally not compensated. If the victim repeatedly inspects the same subject and the result is the same, in principle, only the first inspection fee should be recognized, except for those where the treatment hospital really needs to perform the inspection again. If the inspection results are inconsistent, the inspection costs before the diagnosis should be determined. If the victim purchases drugs unrelated to the damage or treats other diseases without authorization, the expenses shall not be compensated. If the victim really needs hospitalization or observation, the expenses shall be compensated. However, if the hospitalization period is extended due to the intentional delay after the issuance of the discharge notice, or the treatment of a disease unrelated to the damage, the hospitalization fee for the extended period will not be compensated. The victim shall be compensated for the necessary remedial treatment costs related to the damage. In the process of litigation, if the treatment has not ended, in addition to the compensation for the expenses that have been treated, the expenses that still need to be treated can be paid in one lump sum if certified by the relevant medical institution or reached an agreement by both parties through mediation; it can also be paid in accordance with civil litigation. According to the relevant provisions of the law, the victim is informed that he will sue separately after the treatment. 2. The date of loss of work for the victim of lost work expenses shall be determined according to the actual degree of damage, recovery status, and reference to the forensic appraisal or the certificate issued by the treatment hospital. If the victim’s actual missed work date is less than the vacation certificate, it shall be determined based on his actual missed work date; if the actual missed work date is more than the vacation certificate, it shall generally be determined based on the vacation certificate. If the victim does need to recuperate but has no certificate of leave, he can deal with it as appropriate after seeking the opinions of forensic doctors or treatment hospitals. If the victim has a fixed income, the compensation for lost work expenses shall be calculated based on the actual loss of his income. Fixed income includes wages, funds, and state subsidies and allowances, but does not include subsidies for special types of work. Bonuses are calculated based on the victim’s per capita bonus in the previous year. If the bonus tax exceeds the starting point, the starting point is limited to the starting point. If the victim has no bonus income due to his own reasons before the victimization, the bonus will not be calculated. If the victim has no fixed income, or the victim is a contracted business household or an individual business, the compensation for lost work expenses can be determined by referring to the victim’s average income in the previous year or the average income of the same industry, the same type of work, and the same labor force in the local area. If the tax is payable to the tax authority in accordance with the law, the tax bill shall be used as the basis. Where the victim engages in a second occupation in accordance with the law, his actual reduced income shall be compensated. If the victim is a retired or retired person seeking another job, the compensation for lost work expenses can be dealt with in the following situations: (1) If it complies with the policy and law, the actual reduction in income should be compensated; (2) Violation of the policy and law , Its claim for compensation is not supported. If the victim has no labor income and demands compensation for lost work expenses, it will not be supported. If the victim is the main undertaker of housework, and other family members are overburdened by the fact that they are indeed unable to perform housework because of the victim, they may be given financial compensation as appropriate. If the actual income of the victim is more than three times higher than the average living expenses of the local residents, it shall be calculated as three times. 3. In-hospital food subsidies for food expenses shall be compensated in accordance with the standard of food subsidy for general staff of state organs on business trips (yuan/day) × number of days in hospital. 4. The self-care ability of a victim of nursing expenses after being injured should generally be confirmed by a forensic medical appraisal or a certificate issued by a treatment hospital. If the victim is indeed unable to take care of himself, his nursing expenses shall be compensated. The duration of nursing care can be entrusted with a forensic medical appraisal; it can also be determined according to the victim’s actual degree of damage, recovery status, and the opinion of the treating hospital. There are usually one to two nursing staff, unless it is really necessary. If the nursing staff has income, the compensation for nursing expenses can be calculated in accordance with the provisions of this opinion on lost work expenses. If the nursing staff has no income, the compensation for nursing expenses can be calculated according to the average living expenses of local residents. 5. If a victim of transportation expenses goes to the local hospital for treatment or has to be transferred for treatment, the transportation expenses of himself and the necessary nursing staff shall be compensated. Compensation for transportation expenses should generally be calculated based on the charging standards for public electric (steam) cars, hard seats on trains, and ships with spaces below third-class. However, the injury is critical, the traffic is inconvenient, or there is no such vehicle (boat) in the area. The bill for transportation expenses should match the number of medical visits. If the bill is less than the number of medical visits, it can generally be determined based on the actual bill; if the bill is more than the number of medical visits, it should be recognized based on the actual number of medical visits. 6. Victims whose accommodation fees must go to a foreign hospital for treatment, do need to wait for treatment due to the hospital’s lack of beds or other reasons, and the injury is not allowed to travel to and from the home, or the transportation cost to and from the home is higher than the accommodation fee, himself and the necessary The accommodation fees of nursing staff shall be compensated. Compensation for accommodation expenses can be calculated in accordance with the standard of accommodation for general staff of the local state organs on business trips, with the receipt of accommodation expenses as proof. 7. If the nutrition fee is certified by forensic medicine or the treatment hospital, if the victim’s injury is serious and it is necessary to supplement nutritious food as an auxiliary treatment, the expenses can be compensated as appropriate. Nutrition compensation can be calculated at a ratio of 40 to 60% of the average living expenses of local residents. The time limit for compensation may be entrusted with a forensic medical examination, or may be determined after consulting the treatment hospital. The food that the offender brought when visiting the victim should generally be regarded as a gift. As for the disability, the identification can be made after the injury has stabilized. The current compensation standard in the Tort Liability Law is actually flawed, and there is no corresponding increase in the standard for defects that may cause disfigurement on the face. Therefore, ordinary personal injury compensation is taken. However, subsequent cosmetic surgery costs can be sued separately. There are corresponding provisions in the provisions of Article 19. Article 18 Where the victim or the close relative of the deceased suffers mental damage and the right holder requests compensation for mental damage from the people’s court, the “Supreme People’s Court’s Interpretation on Certain Issues Concerning the Determination of Liability for Mental Damage in Civil Torts” shall be applied to determine it. The right to request mental damage comfort payments shall not be assigned or inherited. However, the compensation obligor has promised to pay monetary compensation in writing, or the compensation right holder has already filed a lawsuit with the people’s court. Article 19 Medical expenses shall be determined based on receipts of medical expenses, hospitalization expenses, etc. issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the obligor of compensation has objections to the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined in accordance with the amount actually incurred before the conclusion of the first-instance court debate. For the necessary rehabilitation expenses, appropriate cosmetic surgery expenses and other follow-up treatment expenses necessary for organ function recovery training, the right holder may sue separately after the actual occurrence. However, the expenses that must be incurred based on the medical certificate or appraisal conclusion can be compensated together with the medical expenses that have already occurred.

6 months ago

The fall of the ceiling of the hot pot restaurant focuses on how to compensate customers for injuries and how to rectify them later, not on who the owner of the hot pot restaurant is. The ceiling falls, the hot pot restaurant, as the actual operator and manager, of course bears the responsibility. If the builder and property owner of the hot pot restaurant are responsible, the hot pot restaurant can also be held accountable. As for the compensation, there are clear regulations in the Civil Code. Injuries to customers are personal injuries, and they can claim compensation for reasonable expenses for treatment and rehabilitation, as well as reduced income due to lost work. If serious mental damage is caused, they can also claim compensation for mental damage. Therefore, regarding the compensation standard, both parties can negotiate first. If the negotiation fails, they can file a lawsuit in the court, and the court will make a judgment. There is no legal dispute about this kind of thing, and the attention is high mainly because it is a hot pot restaurant opened by Chen He. As a public figure, the risk of doing business is higher because you are stared at more. Regardless of who it is, the safety, food safety and service quality of hot pot restaurants are the first.

6 months ago

First of all, the hot pot restaurant has a safety problem and needs to bear the negative impact caused by it. It is normal for a turnover of 10% to 20%. Medical expenses and lost work expenses must be compensated. This is a direct loss to the customer, and there is no reason to shirk it. In addition, it is normal for people to live their lives. It is normal for you to give them a broken bone, a facial blister, and mental damage expenses. Otherwise, Chen He, as the boss, gave him a broken bone and scalded his face with boiling water to see how much money he felt was worth paying off the reciprocal injury. Is it the same as if you have not broken a fracture before you cure it. Let alone burn your face, it’s already very interesting not to ask him to continue to make compensation. And this includes the public relations of a chain company and Chen He’s personal reputation. I personally think that compensation for 50,000-80,000 treatment costs, 30,000-40,000 lost work expenses, 100,000 yuan for mental losses and the continued impact of the buyout, then the shop It is necessary for the leader and even the boss Chen He to offer condolences.

6 months ago

Not invited. Because this topic is completely within my range. Ms. Li and her husband went to Xianhezhuang Braised Hot Pot Hangzhou Wanda Store to have a meal. Just as the spicy pot came up to eat, the ceiling fell down, and the couple broke their hands and burned their faces. This matter was searched on Weibo yesterday. First of all, I have to say that this couple is really miserable. It is also very unlucky to have such an accident after eating a hot pot. Secondly, what kind of hot pot restaurant will bear in the incident? Responsibility? Take a look. The “Civil Code” and “The Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases” are very clear. The operators of restaurants and shopping malls shall bear the infringement if they fail to fulfill their safety guarantee obligations and cause damages to others. Liability, there is no doubt that the tort liability involved in this matter must be the tort liability of this Xianhezhuang in Hangzhou. After assuming the tort liability, it will naturally involve tort compensation. If the infringement of others causes personal injury, medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc. shall be compensated for reasonable expenses for treatment and rehabilitation, and reductions due to lost work Income. If the disability is caused, the assistive device fee and disability compensation shall also be compensated. Including those who cause serious mental damage to others, they can also request compensation for mental damage. In this case, how much is the compensation, whether 40,000 is less, 300,000, 700,000 are not considered too much, one is the injury of the couple and the cost of follow-up treatment, and the other is the injury of the couple. There must be a lost work loss. The compensation for the lost work fee is mainly calculated based on the income status of the two persons, including the lost time. The third is the compensation for mental damage. The husband and wife have a broken hand and a burnt face, especially the face burned. If the follow-up scar is more obvious, it is still more influential for the individual, so it is also possible to ask for mental damage compensation. So how much to pay and how to pay is not to say that you will lose as much as you want, nor is it to say that you will lose as much as you want. It is determined based on the actual expenses and subsequent expenses, such as medical expenses and nursing expenses. , Transportation expenses, nutrition expenses, most of these are receipts issued by hospitals for medical expenses, hospitalization expenses, etc., based on the income, duration, number of nursing staff, transportation bills, and opinions of medical institutions, rather than empty words. The amount of compensation, including the lost work fee, is determined based on the victim’s lost time and income status, and the lost time is determined based on the certification issued by the medical institution where the victim received treatment. As far as Xianhezhuang’s statement is concerned, the two parties have reached a settlement. If both parties agree to the proposed compensation and settlement, then this matter is equivalent to private, but this kind of settlement is only a private settlement between the two parties. If there are subsequent problems, the spouse can still sue for rights protection. Finally, I want to talk about the author’s feelings. Once this happened, the author’s first feeling was: It’s really too dangerous! Eating a meal can cause accidental injury, which is really a disaster. Looking at some comments after this incident, the author thought for a while, if this incident happened in other hot pot restaurants, there are no celebrity propaganda, platform stores, then the comments on this matter are estimated to be different….. The so-called “repayment of debts is justified” is the same when it comes to Xianhezhuang. The store fails to control the quality and safety, causing the guests to be injured. The external party must be compensated, but internally, it must be rectified and pursued. Responsibility, otherwise the same thing may happen next time. The same thing has also given all the stores a wake-up call. Don’t be greedy for cheapness and economy. Don’t care about the quality of the decoration. Don’t be too troublesome. Don’t care about the decoration process. Just be a shopkeeper. At the beginning, it really costs less money and relaxes people. Yes, but once something goes wrong, the money spent will only be more and no less, and the reputation of the store is gone, and the gain is not worth the loss.

6 months ago

“Cacha” ~ the plaster ceiling of the Jinglei shop ~ the sky-reaching repair base falls off ~ the hot pot just over the sky is overturned ~ the ground is trapped and the hand is smashed to the fracture ~ the Zijin hammer is very clear, and the hot pot restaurant is solely responsible. Quickly sent to the doctor for treatment ~ Half of Zidian’s face is full of hot blisters ~ Xuanzhen Flame store has visited many times, and several rounds of negotiations for compensation issues ~ Jiutian store reputation, social impact, legal compensation, operational safety, whether relevant departments are involved, public opinion Orientation ~ Xuanjian reconciliation ~ Shocking change and reconciliation is the best choice, it is necessary to pay more money, this mysterious flame is too painful, faceless to see people.

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