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Human life is at stake. Please help! Urgent! Urgent!
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You can ask for compensation from the farmhouse. Compensation coverage includes: medical expenses and losses, funeral expenses and death benefits.
Death compensation is the main form of "mental damage compensation". 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: "Death compensation shall be calculated based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit was filed, and calculated over twenty years. . But for those over 60 years old, the age will be reduced by one year; for those over 75 years old, it will be calculated as five years.”
The main provisions of the relevant laws are as follows:
Paragraph 1 of Article 37 of the Tort Liability Law stipulates: Managers of hotels, shopping malls, banks, stations, entertainment venues and other public places or organizers of mass activities fail to fulfill their safety guarantee obligations , who causes damage to others, shall bear tort liability. (Effective on July 1 this year)
Paragraph 1 of Article 18 of the "Consumer Rights and Interests Protection Law" stipulates: Operators shall ensure that the goods or services they provide meet the requirements for protecting personal and property safety. For goods and services that may endanger personal or property safety, true explanations and clear warnings shall be given to consumers, and the correct methods of using the goods or receiving services and methods of preventing harm shall be explained and marked. (Effective January 1, 1994)
Article 16 of the Tort Liability Law: Whoever infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, etc. for treatment and rehabilitation expenses reasonable expenses, as well as reduced income due to missed work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: If the victim suffers personal injury, the various expenses incurred for medical treatment and the loss of income due to missed work shall be Including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and necessary nutrition expenses, the compensation obligor shall compensate.
If the victim becomes disabled due to injury, the necessary expenses incurred by him to increase his living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and dependent living expenses , as well as the necessary rehabilitation fees, nursing fees, and follow-up treatment fees actually incurred due to rehabilitation care and continued treatment, the compensation obligor shall also compensate.
If the victim dies, the compensation obligor shall, in addition to the relevant expenses stipulated in paragraph 1 of this article based on the rescue and treatment conditions, also compensate for funeral expenses, living expenses of dependents, death compensation expenses and relatives of the victim Other reasonable expenses such as transportation expenses, accommodation expenses, loss of work time, etc. for funeral matters.
Article 18 of the Tort Liability Law: If the infringer dies, his close relatives have the right to request the tortfeasor to bear tort liability. If the infringer is a unit, and if the unit is divided or merged, the unit that inherits the rights shall have the right to request the infringer to bear infringement liability.
If the infringed person dies, the person who paid the infringed person's medical expenses, funeral expenses and other reasonable expenses has the right to request compensation from the infringer, except where the infringer has paid the expenses.
"The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 18: If the victim or close relative of the deceased suffers mental damage, the person entitled to compensation shall apply to the People's Court for compensation for mental damage solatium. If so, the "Interpretations of the Supreme People's Court on Certain Issues Concerning Determination of Liability for Compensation for Mental Damage in Civil Torts" shall be applied for determination.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Compensation for Mental Damage in Civil Torts" Article 9: Solatium for mental damage includes the following methods:
(1) Causes disability , is disability compensation;
(2) If it causes death, it is death compensation;
(3) Spiritual consolation payment for other damages.
"Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 29 Death compensation shall be calculated based on the per capita disposable income of urban residents or the per capita disposable income of rural residents in the previous year at the location of the court where the lawsuit is filed. Net income standard, calculated over twenty years. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.
Supplement: The reason for suing the farmhouse is that the farmhouse "failed to fulfill its safety guarantee obligations" and failed to "give true explanations and clear warnings to consumers, and explain how to receive services and prevent harm from occurring. method", resulting in the death of consumers, requiring compensation for losses.
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