Obligations help accidentally fall, each has their own faults and fixed compensation

  • 06/01/2001
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>> Volunteer help accidentally falls, each has their own faults. Published by the release time: 2022-05-2713: 24 Friday Source: Rule of Law Daily □ our reporter Jiang Dongliang Liang Pingni Workers’ personal damage is suffered from personal damage. Was the workers be compensated? Recently, the People’s Court of the Linzi District of Zibo City, Shandong Province accepted the obligation to help the workers to help the workers’ liability disputes. The two parties and the defendant reached a mediation agreement. The court found that on June 22, 2021, Cao Moumou was resting downstairs, and the staff of a property company Li Moumou cleaned the garbage in the community. When he was cleaned near the place where Cao Moumou was located, he saw a bunch of garbage needed to clean, and Li Moumou asked Cao Moumou to help lift the garbage to the garbage truck.

However, in the process of helping Li Moumou’s garbage, because there was a waste bottle hidden under the garbage, Cao Moumou accidentally stepped on the bottle and caused a fall and injury, causing three ankle fractures, metatarsal fractures, and multiple ligament damage.

Cao Moumou went to the court and asked a property company to compensate his medical expenses, hospital food subsidies, nursing fees, disabled compensation, mental damage comfort, and transportation expenses. After identification, Cao Moumou constituted a tenth level of disability.

According to the court, Cao Moumou’s behavior of helping Li Moumou’s garbage is a legal behavior that helps others. A property company provides Cao Moumou’s actual beneficiary; In the process of garbage, there is a direct causal relationship with personal damage; Li Moumou did not organize the old bottle to the garbage bag when he organized the garbage, leaving major hidden safety hazards, and it was not prompted that Cao Moumou should pay attention to it. The old bottle did not provide a safe helper environment, nor did it fulfill the obligation to remind the plaintiff to pay attention to safety, and there was a fault.

At the same time, Cao Moumou, as an adult, has good physical and mental conditions. The behavior of raising garbage has not exceeded his labor tolerance. There are old bottles hidden under the garbage bag, and there is controversy on the injury to the bottle accidentally. However, according to daily life experience and logical reasoning, Cao Moumou has obliged to avoid his injuries during the help of the helper. Obligations, there are also faults, and should be liable for compensation for the workers.

Li Moumou, a staff member of a property company, is responsible for the hygiene clearance of the community. He is engaged in his job behavior. Cao Moumou’s personal injury caused by a helper, and a property company should bear the corresponding compensation liability. Subsequently, the court organized both parties to mediate, prompting the two parties to reach a mediation agreement: the defendant’s property company compensated the plaintiff Cao Moumou’s medical expenses, hospital food subsidies, nursing fees, disabled compensation, transportation fees, appraisal fees, follow -up treatment fees, etc. 36530 yuan, the plaintiff Cao Moumou gave up other claims. The accident was completed at one time. The plaintiff Cao Moumou was no longer allowed to claim any rights to the defendant’s property company on the accident. Undo -liability for the damage to the unpaid helper to do the case, the judge of this case said that the obligations are the phenomenon of social life in my country, especially in rural life. Mutual help between neighbors have positive significance to promote social harmony.

Volunteers refer to the need to meet the needs of the workers to produce or live, and no obligation to help workers do not provide labor or service for the purpose of helping the workers for free. This behavior has no legal or agreed obligations, and does not require direct rewards or other treatments for any form. It only provides help for the affairs of others and is helpful by the fact that the workers do not refuse.

The helper usually occurs between relatives, friends, colleagues, and neighbors, and has temporary characteristics. During the help workers, helping workers with labor services for the help workers are only unilaterally paid.

Although the help workers are voluntary and free of charge, they still act for the interests of the workers. Based on the principle of compensation, they should be responsible for the risks caused by the helper activities.

The "Explanation of the Supreme People’s Court on Several Issues of the Application of Laws on Personal Damage Compensation Cases" is unified on the judicial rules of the unpaid working relationship. Article 4 of the judicial interpretation stipulates that the workers who provide labor services without compensation shall be damaged in the helper activities, and the workers shall be liable for compensation. If the workers are liable for compensation, they should be supported by the people’s courts who have intentionally or major faults to help the workers.

If the workers are helping the workers clearly refuse to help the workers, they will not bear the liability for compensation.

Article 5 stipulates that if the worker who provides labor service for free labor is damaged due to a helper activity, he shall bear the corresponding responsibility according to the fault of the helper and the workers of the workers; if the helper refuses to help the worker, the worker shall not be liable for compensation. But appropriate compensation can be appropriately compensated within the scope of benefit.

Therefore, in principle, the helper should assume the legal responsibility for the damage that the workers suffered in the unpaid help workers, but they should consider the faults of the two parties, that is, according to Article 1,73 of the Civil Code " If there is any fault that occurs or expands the same damage, it can reduce the responsibility of the infringer "and implement overwhelming, that is, when the workers have faults, they should reduce the corresponding responsibilities of being helped by the workers. The obligation to help workers’ liability for injuries to implement the principle of fault liability. It is determined that the workers are liable for compensation for the workers. They are not only in line with the law and the reasonableness of the reason.

Editor in charge: Zhang Chuyao.