According to the actual situation of the case and the fault degree of both parties, the court decided 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.
The construction workers have worked for most of the day, and the host family naturally wants good wine and good food.
In this case, the plaintiff Liu Mou, as an adult and has been working in the construction industry for many years, has the duty to pay attention to his own safety, but he is negligent in his work, especially after drinking, he continues to engage in high-risk work on the construction site, and he has a major fault for the damage results, and should bear the main responsibility.
He had some fault for the damage caused by the injury of the plaintiff Liu, and should bear the corresponding liability for compensation.
In real life, many homeowners feel that they cannot understand and that the employees are professionals.
There was a certain fault, and he should be liable for the plaintiff’s losses according to law.
Because the roof of the self-built house needs to be waterproof, he hired Shen to undertake the project.
He did not fulfill the responsibility of safety protection.
The defendant Pang Mou, as the owner of the house, prepared drinks while serving Chinese food, and drank with the plaintiff Liu Mou, and should bear certain liability for compensation.
But if a worker falls from a height, who should be responsible for the medical expenses? Let’s look at the case in this issue.
The defendant Shen Mou was awarded a compensation of 64300 yuan; The defendant Pang Mou compensated 38600 yuan; The balance shall be borne by Mr.
The defendant Shen did not stop Liu from drinking while eating, and the workplace was unprotected.
In fact, the Civil Code of the People’s Republic of China clearly stipulates that “if the party providing the labor service is damaged due to the labor service, it shall bear corresponding responsibilities according to the respective fault of both parties”.
He was hospitalized for 28 days.
The defendant Shen hired the plaintiff Liu to do roof waterproofing for Pang’s house.
The court ruled that the people’s court of Shaoshan City held that the labor relationship between individuals was formed, and if the party providing the labor service suffered damage due to its own labor service, it should bear corresponding responsibilities according to the respective fault of both parties.
The plaintiff Liu was employed by the defendant Shen, who accepted the arrangement and instructions of Shen, and the two parties formed a labor relationship.
Shen hired Liu to provide labor services.
Liu came to Mr.
In this case, the plaintiff Liu Mou, as a person with full civil capacity, should have the awareness of risk prevention and carefully and safely complete the work task.
Pang, the owner of the house, treated the maintenance workers warmly, but as a “diner”, he should have risk awareness, pay attention to the object, time and occasion of the diner, and do a good job of persuading those workers who are engaged in high-risk operations after the diner, and do not let them work after drinking.
The construction industry itself is a job with high risks.
Most of the farmers who are engaged in building houses in rural areas are construction teams.
He claimed compensation from Pang and Shen, but failed to negotiate for many times, so he sued them to the court.
He drank alcohol before work and failed to work carefully and pay attention to his own safety during work, so he accidentally fell down and was injured.
Case brief: Pang’s family lives in a village in Shaoshan City.
The plaintiff Liu fell and was injured during the work.
It was determined that the medical expenses, nursing expenses, work delay expenses and other losses of Mr.
Liu in this accident totaled 257300 yuan.
After the construction 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.
His own fault should bear the main responsibility for the accident.
Please
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After diagnosis, Liu’s injuries were compression fracture, multiple rib fracture, pleural effusion, lung infection, brain injury, bilateral frontotemporal and parietal subdural effusion, concussion, left eye injury, and so on.
Shen, as the organizer, commander, supervisor and risk prevention and control of labor activities in labor relations, failed to strengthen the safety education and effective management of the labor providers, did not stop their drinking, did not take necessary safety construction measures, and was responsible for neglect of management.
The homeowners pay the employees, and the employees should bear the risks.
Both Liu and Pang drank, while Shen did not drink.
The next morning, Mr.
Shen and Mr.
Liu.
The injury was rated as two nine-level disability.
Pang provided drinks.
Pang’s home to work together and had lunch at his home at noon.
After dinner, Liu went to his acquaintance Pang’s neighbor’s house and drank under his hospitality.
They should be familiar with the operation process and risks.
Most of them lack construction qualifications and proper professional training, and generally neglect safety.
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The two people orally negotiated a salary of 260 yuan/day.
