Joke Collection Website - Bulletin headlines - Legal advice; When repairing the roof for others, the roof accidentally fell off, resulting in multiple fractures all over the body. Excuse me; Is the landlord responsible? Thank you very much
Legal advice; When repairing the roof for others, the roof accidentally fell off, resulting in multiple fractures all over the body. Excuse me; Is the landlord responsible? Thank you very much
First of all, from the legal relationship, it is determined that although your friend and the landlord have not signed a contract, they have formed a de facto labor relationship, which is also commonly known as the employment relationship. Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "if a worker suffers personal injury in employment activities, the employer shall be liable for compensation." Article 35 of the Tort Liability Law stipulates that "if a party providing services suffers personal injury, it shall bear corresponding responsibilities according to its own fault. Therefore, your friend fell down in the process of repairing the house for the landlord, and the landlord, as an employer, should be liable for compensation according to law; Secondly, both the landlord and your friend are at fault or negligent in the occurrence of the damage consequences, and should bear the losses respectively according to the size of the fault liability. Specifically, I personally think that the landlord has the following faults in the incident: First, hire your friend to repair the house for him, because according to the regulations, the construction should be contracted to construction enterprises with corresponding qualifications, especially the buildings approved by the project within the urban area. At present, although this provision is not strictly implemented in the construction of private houses in urban and rural areas, any safety accident belongs to fault liability from a strict legal point of view. Second, the required conditions for safe production were not provided, and the employees were not trained in pre-job special safety knowledge and skills. According to national or industry regulations, construction personnel should be trained in safety and skills before taking up their posts, and warning signs and slogans, safety fences and protective nets should be set up at the construction site. The builder should wear safety helmet, etc. To be sure, the landlord certainly didn't follow the rules, because obviously, tying the waist with a rope can fully explain that this is the main responsibility of the landlord; As for your friend, he didn't pay enough attention to safety during the construction and didn't take effective safety measures to protect himself, so it was inevitable that he fell down and was subjectively at fault. At the same time, as a trainee without pre-job training, he went to the building to carry out maintenance work, knowing that the possible damage consequences could be caused and believed to be avoidable, and it was also his responsibility to apply for service. Comparing the hatchbacks, we can see that the responsibilities of the landlord and both parties are roughly the same for the damage consequences of your friends. If there is no doubt, it can be analyzed from the perspective of treating the injured body and being conducive to rehabilitation. According to the 46-40 split, the landlord will bear 60% of the responsibility and your friend will bear the remaining 40%.
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