The family members claim 500000 yuan for the death of laughing gas in the girls Hotel

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 The family members claim 500000 yuan for the death of laughing gas in the girls Hotel


Police investigation found that Wang Mengmeng, a girl just over 18, bought two bottles of nitrous oxide through illegal channels and returned to the hotel to drink and drink nitrous oxide and died. Zhang and others, who sold nitrous oxide gas (commonly known as laughing gas) to Wang Mengmeng, have been sentenced to corresponding punishment because the fact constitutes a crime and compensate Wang Mengmengs parents for part of the loss through mediation.

After that, Wang Mengmengs parents filed a lawsuit against the hotel, claiming that the hotel did not register and verify the identity of her daughter when she checked in, which violated the relevant laws and regulations of China. Because of the management loopholes in the hotel, the daughter was able to enter the hotel. The hotel objectively provided a place for taking nitrous oxide, which led to the death of her daughter. The illegal behavior of the hotel is one of the causes of Wang Mengmengs death. We should bear the corresponding responsibility for Wang Mengmengs death. Wang Mengmengs parents asked the court to order the hotel to compensate for various losses, including death compensation, funeral expenses, spiritual solace, etc., totaling more than 1 million yuan. Her parents claimed 50% of the total amount, totaling more than 500000 yuan.

The court found that the cause of death of the girl was caused by smoking nitrous oxide gas (nitrous oxide). The girl stayed in the hotel without registration. She went to the hotel to look for a man on May 2. The next day, the man left the hotel, and the girl continued to stay in the name of the man. The hotel was fined 5000 yuan and ordered to suspend business for seven days for failing to register the girls identity information.

The court of first instance held that in this case, the girl renewed her stay as another person on May 3, 2018. The hotel did not register her identity and failed to fulfill the security obligations, so she should bear supplementary responsibility for the death consequences of the girl. According to the degree of fault, the hotel should bear 20% of the liability, and the compensation amount is more than 200000 yuan. The hotel appealed against the first instance decision.

In the second instance, Xuzhou intermediate peoples court held that, first of all, although there are damage facts and illegal acts in hotels, the unregistered behaviors of hotels violate the administrative regulations, and they have undertaken the administrative responsibility of administrative punishment. In this case, even though the hotel registered the victims identity information, it could not prevent the situation that the victim bought nitrous oxide and took it. Therefore, there is no legal causality between the victims death and the hotel not registering his identity information. Therefore, the hotel does not register the identity of the victim does not constitute infringement and does not need to bear the corresponding liability for compensation.

Secondly, in this case, the hotel does not register the victims identity information, which is not the scope of security obligations, and it should not bear the supplementary responsibility.

Thirdly, the injured girl is an adult with full capacity for civil conduct and has the ability to distinguish things. Therefore, the damage caused should be borne by her.

Finally, Xuzhou intermediate peoples court revoked the first instance judgment and rejected Wang Mengmengs parents claim of first instance. (all parties in the article are pseudonyms)

Related news

16 should have been a fancy age at school, carefree. But a few days ago, Mr. Wang (pseudonym) of Xuzhou reported to Jiangsu news broadcasting that his daughter had just turned 16 and was admitted to the hospital. The reporter learned that Mr. Wangs daughter Xiaonan (pseudonym) once inhaled nitrous oxide, and then worked in the night, currently facing the risk of lower limb paralysis.

A 16-year-old girl who was selling wine suddenly felt ill and went to the hospital

On July 9 this year, Mr. Wang, a Xuzhou resident, suddenly received a call from his daughter Xiaonan. Xiaonan said that since July 8, when he was in Yangzhou, he suddenly suffered from lower limb pain and could not walk. He had been sent to the local hospital. Xiaonans relatives rushed to Yangzhou immediately and found that Xiaonan was being rescued in the rescue room.

After the situation became stable, under the questioning of her family, Xiaonan said that after she came to Yangzhou from her hometown Xuzhou in June this year, she worked in a KTV nightclub in Yangzhou, selling drinks and sometimes drinking with guests. I go to work in the evening, and I cant rest until three oclock in the morning. Since July, Xiaonan often has headaches and low back pain, but after taking some painkillers, he still continues to work. He is really unable to bear to be sent to the hospital by his colleagues.

In the Department of Neurology of a hospital in Yangzhou, the reporter had a video call with Xiaonan in the hospital bed. Xiaonan said that after he told the manager of KTV that he was not feeling well, the other side still asked him to continue to work and drink.

After Xiaonans family arrived in Yangzhou, they immediately called the police. After questioning by the police, the family members were surprised to learn that Xiaonan not only sold wine and served as a companion in KTV, but also smoked laughing gas.

According to public information, nitrous oxide is widely used in food and medical industries, and belongs to dangerous chemicals. People will have a sense of pleasure when they inhale in bars and places.

After Xiaonans family came to Yangzhou, they didnt know the cause of Xiaonan at first. Through the orthopedic diagnosis, there was no disease in the lower limbs. After that, Xiaonan was sent to the Department of Neurology and was later diagnosed as acute disseminated cerebrospinal meningitis.

Unexpectedly, Xiaonans condition worsened on July 16, and the hospital delivered a critical illness notice to his family members, which showed that the possible dangerous consequences of Xiaonan included persistent high fever, limb convulsion, quadriplegia, coma and even death. After rescue, Xiaonans condition is relatively stable, but his lower limbs are still unable to move.

Family members know nothing about their childrens experience of inhaling nitrous oxide

Why does Xiaonan, who is only 16 years old, work in a nightclub? Is there any relationship between her lower limb paralysis or even total paralysis and smoking nitrous oxide?

Mr. Wang, Xiaonans father, revealed to reporters that there are three sisters in Xiaonans family, and Xiaonan is the second. Before finishing the second year of junior high school, Xiaonan, 15, dropped out of school to work as a restaurant attendant and did clothing business. After the end of the epidemic this year, Xiaonan came to work in this nightclub in Yangzhou. But Mr. Wang said he knew nothing about Xiaonans use of nitrous oxide.

Night club says illness is related to laughing gas

Mr. Zhang said: her illness was caused by her long-term consumption of nitrous oxide, which is based on the fact that the person who sold her nitrous oxide should be found, and others should bear the responsibility, because the laughing gas was not provided by me and she was not inhaled in Yangzhou.

Police: laughing gas inhaled in Xuzhou ordered nightclubs to close down

As a family member, the reporter consulted the police of the police station in the jurisdiction area of Xiaonans nightclub and learned that the place where Xiaonan inhaled nitrous oxide was not in Yangzhou. At present, the nightclub has been ordered to close.

Expert: acute disseminated encephalomyelitis is highly associated with nitrous oxide inhalation

In this regard, Yuan Yonggui, director of the Department of psychology and psychiatry and doctoral supervisor of Zhongda Hospital Affiliated to Southeast University, said that the occurrence of acute disseminated encephalomyelitis is often highly related to the inhalation of nitrous oxide. The longer the time of inhalation, the greater the amount of inhalation, the higher the possibility of this disease.

Every year, seven or eight patients with nervous and mental disorders caused by nitrous oxide inhalation are admitted to their hospital, most of whom are between 15 and 25 years old.

If we can stop the inhalation of nitrous oxide as soon as possible, and actively treat and recover, we should be able to recover; but if the patients with symptoms can not stop the inhalation of nitrous oxide and can not actively treat them, it may lead to lifelong paralysis or lifelong disability.

What is more worth pondering is that at present, nitrous oxide is not included in the management of narcotic drugs or psychotropic drugs. It is easy to obtain through online sales and other forms, and management is relatively difficult. There are even precedents that patients in hospital directly purchase nitrous oxide online and send them to wards. Professor Yuan said that teenagers should not take nitrous oxide because of their curiosity. Once they inhale nitrous oxide by mistake or have corresponding symptoms, they must stop smoking immediately and seek medical advice in time.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Source: China news network, author: Zhu Zhigeng, Pang zunmei, editor in charge: Dai Lili_ NN4994