A small restaurant in Yinchuan, Ningxia has become a hot topic recently. However, the reason for "fire" is not because the dishes are delicious, but because after the restaurant kitchen caught fire, the chef and the restaurant manager left the customer and ran away first, causing the three customers to be trapped.
Monitoring screenshot of the fire in the fire. Web video screenshot
According to preliminary judgment, the reason for the fire in the restaurant was that chef Li was improperly refining oil in the kitchen, causing the oil pan to catch fire, and then the fire spread to other combustible materials. Fortunately, the rescue was timely, and the fire in the restaurant was successfully extinguished. Three trapped customers were rescued by the fire department and sent to the hospital by 120 ambulance. Later, the police learned that the three of them were not seriously injured.
According to relevant laws and regulations, the fire department handed over the restaurant's head Yang and chef Li to the Mancheng North Street Police Station of Jinfeng District Public Security Bureau of Yinchuan.
The police asked whether the customers in the store were evacuated during the fire. The chef said that there was a cigarette that could not be raised and shouted twice. The restaurant owner said bluntly, "Everyone was stupid at that time, but now he regrets his intestines."
The chef involved
In the end, because he failed to fulfill his obligation to organize and guide customers to evacuate, the restaurant manager was administratively detained for five days. The chef was detained for ten days administratively for the fire due to negligence.
The news about the restaurant owner
caused some controversy after it was exposed. Some netizens believe that escaping from fire is human nature and has been punished; some people think that the shop owner and chef are too selfish and do not take responsibility and should be punished.
Lawyer's statement:
Through this case, we will further introduce to you the issue of fire safety obligations in our country's laws.
Reasonable security obligations are mainly derived from relevant legal provisions. Articles 7 and 18 of the Consumer Rights Protection Law stipulate the rights of consumers and the operators have security obligations for consumers' personal and property. If
causes infringement, according to Article 1198 of the Civil Code , the responsible entity of the business activities that bear the obligation to ensure security shall bear the liability for infringement compensation.
For fire accidents, according to Article 64 of the of the Fire Protection Law of my country, relevant provisions on punishment are also made: "If one violates the provisions of this Law and commits one of the following acts and does not constitute a crime, he shall be detained for not more than ten days and not more than fifteen days, and may be fined not more than five hundred yuan; if the circumstances are mild, he shall be subject to a warning or fine of not more than five hundred yuan: ... (II) If a fire is caused by negligence; (II) If the alarm is blocked after the fire occurs, or if the person responsible for reporting fails to call the police in time...", 68 Article: "A fire occurs in a place with a dense crowd, and the on-site staff at the site fails to fulfill the obligation to organize and guide the evacuation of the people present. If the circumstances are serious and do not constitute a crime, they shall be detained for not less than five days and not more than ten days."
In this case, the chef's improper operation during oil refining leads to a fire, and there is subjective negligence; as the manager of the business premises, the restaurant manager is responsible for organizing and guiding the evacuation of consumers, taking fire measures and reporting the fire when a fire occurs. The two escape first to ignore the safety of consumers.
At the legal level, the fire was successfully extinguished and did not cause damage to the personal or property of the consumers. However, the two failed to fulfill their relevant responsibilities and obligations. Their behavior violated the relevant provisions of the Fire Protection Law. At the same time, the behavior of the two did not constitute a crime. Therefore, it should be punished in accordance with the relevant provisions of the Fire Protection Law. In this case, the police punished the administrative detention of the chef and the restaurant manager with legal basis and proper punishment.
In terms of reason, when a fire occurs, the two should also actively assist in the implementation of rescue behavior, and should not be left alone. Therefore, the behavior of the two is unreasonable and lawful.
In addition, the chef is negligent in the fire caused by improper operation, but he belongs to the restaurant employee and does not have intentional or gross negligence. The restaurant shall bear civil liability such as fines.
Finally, it reminds operators to carry out production and operation activities strictly in accordance with relevant national regulations, and also reminds everyone to actively learn fire protection knowledge. When encountering fires in daily life, they should deal with them rationally. When personal and property are infringed, they should use legal means to actively protect their legitimate rights and interests.
Author of this article: "Gao Shuang's Lecture" Lawyer Help Group Member: Chief Lawyer of Jiangsu Zonglian Law Firm Gu Xiaoning
Source: Oriental Net· Zongxiang News, Cover News, @China Fire Protection, Voice of West Lake
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