The defendant Pang, as the owner of the house, prepares drinks when providing Chinese food and drinks with the plaintiff Liu, who shall bear certain liability for compensation.
According to the actual situation of the case and the fault degree of both parties, the court determined that the plaintiff Liu should bear 60% of the responsibility, the defendant Shen should bear 25% of the responsibility, and the defendant Pang should bear 15% of the responsibility.
Shen hired Liu to provide labor services.
He was hospitalized for 28 days.
In this case, the plaintiff Liu, as an adult and engaged in the construction industry for many years, has the obligation to pay attention to his own safety, but he was negligent in his work, especially after drinking, he continued to engage in high-risk work on the construction site, and he has a major fault for the damage result, so he should bear the main responsibility.
The judge said that most of the people engaged in rural housing construction activities are farmers’ construction teams.
Therefore, Shen Mou, the defendant, was awarded a compensation of 64300 yuan; The defendant Pang shall compensate 38600 yuan; The balance shall be borne by Liu himself.
After the work started in the afternoon, Liu accidentally fell off the flat roof of the first floor while moving the scaffold, and was sent to Shaoshan People’s Hospital for treatment.
The homeowner pays the employees and the employees should bear the risks.
Source: Shaoshan Municipal Court, Hunan High Court..
The plaintiff, Liu, was employed by the defendant, Shen, and accepted Shen’s arrangement and instructions.
In real life, many homeowners feel incomprehensible and feel that the employees are professionals who should be familiar with the operation process and risks.
Most of them lack construction qualifications, lack due professional training, and generally neglect safety.
It was determined that the medical expenses, nursing expenses, lost time expenses and other losses of Liu in this accident totaled 257300 yuan.
At the end of the meal, Liu went to his acquaintance Pang’s neighbor’s house and drank under his hospitality.
According to the diagnosis, the injuries of Liu’s institute were: compression fracture, multiple rib fracture, pleural effusion, pulmonary infection, brain trauma, bilateral forehead and temporal top subdural hydrocephalus, concussion, left eye injury, etc.
Pang provided drinks, Liu and Pang both drank, but Shen did not.
Pang, the owner of the house, gave warm hospitality to the maintenance workers, but as a “eater”, he should have a sense of risk, pay attention to the object, time and occasion of the invitation, and do a good job of persuading those workers engaged in high-risk operations after the invitation, instead of allowing them to work after drinking.
Shen, as the organizer, commander, supervisor and risk controller of labor activities in the labor relations, failed to strengthen the safety education and effective management of the labor providers, did not stop them from drinking, did not take necessary safety construction measures, and was responsible for neglect of management.
He should bear the corresponding liability for compensation for the damage caused by the injury of the plaintiff Liu.
The defendant, Shen, did not stop Liu from drinking while eating, and the workplace was unprotected.
The defendant, Shen, hired the plaintiff, Liu, to do roof waterproofing for Pang’s house.
Because the roof of the house he built needed to be waterproof, he hired Shen to undertake the project.
The two parties formed a labor relationship.
In this case, the plaintiff Liu, as a person with full civil capacity, should have a sense of risk prevention, carefully and safely complete the task.
He claimed compensation from Pang and Shen, but failed to reach an agreement many times, so he sued them to the court.
The construction industry itself is a job with high risks.
He has his own fault and should bear the main responsibility for the accident.
During the work, the plaintiff, Liu, fell and injured.
He drank alcohol before work, failed to work carefully and pay attention to his own safety during work, so he accidentally fell down and was injured.
In fact, the Civil Code of the People’s Republic of China clearly stipulates that “if the party providing labor services suffers damage due to labor services, it shall bear corresponding liabilities according to the respective faults of both parties”.
But if the worker fell from a high place, who should be responsible for the medical expenses? Brief introduction of the case – Pang’s family lived in a village in Shaoshan City.
As the New Year approaches, many people will renovate their houses in the countryside.
The injuries were assessed as two nine levels of disability.
He had certain faults and should be liable for the plaintiff’s losses according to law.
The two people negotiated the salary orally for 260 yuan/day.
The construction workers have worked for most of the day, so the host’s family naturally needs good food and wine.
The court ruled that the Shaoshan People’s Court held that, after hearing the case, a labor service relationship was formed between individuals, and if the party providing the labor service suffered damage due to the labor service, it should bear the corresponding responsibility according to the respective fault of both parties.
He did not fulfill his responsibility for safety protection.
The next morning, Shen and Liu came to Pang’s house to work together and had lunch at Pang’s.
