Case brief

    Zhang Lin and Li Wei reached a verbal agreement to contract the roof steel structure of the three-story building and the installation of water and electricity lines in the whole building to Li Wei. Li Wei found Chen Tong and others to engage in the work. On October 2, 2024, Chen Tong fell from the hollow part of the ground on the second floor of the building during the laying of wires on the second floor of the building, and died after the hospital failed to rescue him. After the accident, Li Wei paid 110,000 yuan, and Zhang Lin paid 30,000 yuan. Due to the failure to negotiate compensation, Chen Tong's relatives filed a lawsuit, demanding that Li Wei and Zhang Lin compensate 780,000 yuan for the loss.

court hearing

    After the trial, the court held that Zhang Lin and Li Wei reached an oral agreement that Li Wei would be responsible for the construction of the roof steel structure of the three-story building and the installation of water and electricity lines in the whole building, and that Li Wei and Zhang Lin were in a contract relationship. Chen Tong was hired by Li Wei for construction, and a labor relationship was formed between the two parties. According to the first paragraph of Article 1,192 of the Civil Code of the People's Republic of China: "If a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. After the party accepting the labor service bears the tort liability, it may recover compensation from the party providing the labor service with intentional or gross negligence. If the party providing the labor service is damaged due to the labor service, it shall bear the corresponding liability according to the respective fault of both parties." The hollowed-out part of the floor on the second floor is more obvious. Chen Tong accidentally fell and died during work. He should have foreseen the danger of his work at the hollowed-out part and should take corresponding safety protection measures during work. However, he failed to perform the duty of prudent and reasonable care at the time of the incident and should bear the corresponding fault liability. The defendant Li Wei, as an employer, should strengthen safety management at work and provide necessary safety measures to minimize the risk of damage. Because he failed to fulfill relevant obligations, he should bear certain fault liability. Because Chen Tong fell to his death while laying wires on the second floor, although there were no strict qualification requirements for the work, Zhang Lin, as the homeowner, had a hollow design on the second floor of the building, and the personnel had certain safety risks during the construction on the second floor. He did not take effective measures to remind the construction staff to set up protective nets around the hollow parts of the second floor and other measures to strengthen protection. He had certain faults and should bear part of the responsibility. Chen Tong, Li Wei and Zhang Lin's responsibility sharing ratio should be 40:55:5. Then the first-instance judgment was made. Li Wei compensated 488,188.64 yuan and Zhang Lin compensated 44,380.79 yuan. After the judgment was pronounced, neither party appealed, and the judgment has now taken effect.

Judge's statement

    If an employee is injured, whether the employer is liable depends on whether the employee is at fault and the degree of fault. Article 1192 of the Civil Code of the People's Republic of China: If a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. After the party accepting the labor service bears the tort liability, it may recover compensation from the party providing the labor service with intentional or gross negligence. If the party providing the labor service suffers damage due to the labor service, it shall bear the corresponding liability according to the respective fault of both parties. If the employer fails to take necessary safety measures, such as failing to provide protective equipment, failing to carry out Security Training, forcing risky operations, and using child labor, etc., it shall bear the corresponding civil compensation liability or criminal liability. However, if the employee is intentionally or grossly negligent, such as violating safety operating procedures, etc., the liability can be reduced or exempted. If the homeowner fails to provide safety facilities or fails to inform the risk, he may also be liable for civil compensation. The scope of compensation is medical expenses, missed work care expenses, disability compensation, mental damage compensation, etc. Here is a reminder: Working at heights may lead to falls, causing serious injury or death. To this end, you must use qualified safety belts, safety nets and other protective equipment, and wear safety helmets to avoid accidental injuries.

    This article is transferred from the "Shandong High Law" WeChat official account, thank you here!