The construction workers have worked for most of the day.
The defendant, Shen, did not stop Liu from drinking while eating, and the workplace was unprotected.
In the afternoon, when Liu was working on the mobile scaffold, he accidentally fell off the flat roof of the first floor and was sent to Shaoshan People’s Hospital for treatment.
He claimed compensation from Pang and Shen, but failed to reach an agreement many times, so he sued them to the court.
The next morning, Shen and Liu came to Pang’s house to work together and had lunch at Pang’s.
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.
Liu drank before work and failed to work carefully and pay attention to his own safety, so he accidentally fell down and was injured.
Pu Fajun said that most of the people engaged in rural housing construction activities are farmers’ construction teams.
The defendant, Shen, hired the plaintiff, Liu, to do roof waterproofing for Pang’s house.
The court decided that after hearing the case, the court held that if a labor service relationship was formed between individuals and the party providing the labor service suffered damage due to the labor service itself, it should bear the corresponding responsibility according to the fault of both parties.
In real life, many homeowners feel incomprehensible and feel that the employees are professionals who should be familiar with the operation process and risks.
Article link Article 1192 of the Civil Code of the People’s Republic of China 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..
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.
In this case, the plaintiff Liu, as a person with full civil capacity, should have a sense of risk prevention and complete the task cautiously and safely.
He was hospitalized for 28 days.
The host naturally wants good food and wine.
After dinner, Liu went to Pang’s neighbor’s house to drink.
In fact, the Civil Code of the People’s Republic of China clearly stipulates that if the party providing labor services suffers from damage due to labor services, it shall bear corresponding liabilities according to the respective faults of both parties.
During the work, the plaintiff, Liu, fell and injured.
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 New Year, many people will renovate the houses in the countryside.
But if the workers fall from a high place, who should be responsible for the medical expenses? Let’s take a look at the brief introduction of this case.
Pang’s family lives in a village in Shaoshan City.
Pang provided drinks, Liu and Pang both drank, but Shen did not.
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.
He has his own fault and should bear the main responsibility for the accident.
Most of them lack construction qualifications, lack due professional training, and generally ignore safety problems.
The construction industry itself is a job with high risks.
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.
Because the roof of his house needs to be waterproof, he hired Shen to undertake the project, and Shen hired Liu to provide labor services.
He did not fulfill his responsibility for safety protection.
He had certain faults and should be liable for the plaintiff’s losses according to law.
The salary negotiated orally between them was 260 yuan/day.
The injuries were assessed as two nine levels of disability.
The homeowners pay the employees and the employees should bear the risks.
