Article 18 of the Consumer Rights Protection Law of the People's Republic of China clearly stipulates:
"Operators of hotels, shopping malls, restaurants, banks, airports, railway stations, ports, theaters, and other business premises shall fulfill the obligation of ensuring the safety of consumers."
The Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases," issued in 2003, further clarifies the scope of obligations and responsibility limits for operators as safety guarantors. Article 6 states that individuals, legal persons, and other organizations engaged in accommodation, catering, entertainment, or other social activities, who fail to fulfill their obligations of safety guarantees within reasonable limits, resulting in personal injury to others, shall be held liable for compensation at the request of the right holder.
It is also stipulated that if the damage is caused by a third party's infringement, the third party shall bear the compensation liability. If the safety guarantor is at fault, they shall bear supplementary compensation liability within the scope of preventing or stopping the damage.
According to the above provisions, if a customer falls due to inadequate safety facilities or hidden dangers in the restaurant and the restaurant fails to fulfill its safety guarantee obligations, then the restaurant must bear responsibility. For example, if a customer falls due to slippery floors, lack of safety warning signs in the restaurant resulting in injuries, or if unauthorized individuals cause a customer to fall.
If the restaurant has fulfilled certain safety guarantee obligations, such as providing hazard warnings, safety measures, actively assisting and reporting accidents after they occur, then the restaurant may not be liable for compensation.
Additionally, we need to consider whether the restaurant was accessed by a special group of people. For example, if minors enter the restaurant with their parents and the restaurant's safety hazards lead to injuries, then according to the General Principles of Civil Law, guardians should supervise and protect the personal, property, and all other legitimate rights and interests of minors, and the parents of minors should also bear some responsibility.
If the restaurant is at fault, then what compensation can the customer receive?
Article 17 of the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" by the Supreme People's Court stipulates that if the victim suffers personal injury, the party liable for compensation shall compensate for various expenses incurred for medical treatment and for the reduction of income due to absence from work, including medical expenses, lost income, nursing fees, transportation expenses, accommodation expenses, hospital food subsidies, and necessary nutrition expenses.
If disability occurs, the victim can also request compensation for disability compensation and mental consolation fees, among other expenses.
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