What are the responsibilities of the nanny when the elderly fall down on their own

Responsibility is required on the basis of fault. Whether the nanny is responsible or not depends on what fault the nanny has. In the absence of special provisions in the law, the corresponding legal responsibility shall be borne in accordance with the principle of fault liability, and if it is impossible to negotiate, it may sue to protect its rights.

Legal analysis

Whether the nanny is responsible or not depends on what fault the nanny has. If the old man gets up and falls down on his own without notifying the nanny, there is no responsibility, if the old man calls the nanny to help, and the nanny has limited strength and does not hold it, it is a bit of responsibility, which is dereliction of duty, that is, criticism and education, not an example. After all, it was an accident, if the old man's injury is not big, make it as big as possible, because it is not easy for the nanny to earn a few dollars, be generous, don't be serious with the bottom people.

If the old man falls hard, the nanny is still at fault, and she can go to the employer to report it, and if necessary, she can find labor arbitration to coordinate and solve it. If you get stiff, you will deduct your wages to offset the losses, and then let you go. In the absence of special provisions in the law, the corresponding legal responsibility shall be borne in accordance with the principle of fault liability, and if it is impossible to negotiate, it may sue to protect its rights.

The nanny is employed by a domestic service company to provide labor services for her, and the two parties form a labor contract relationship. First of all, it is necessary to figure out the relationship between the subjects and who is responsible. In the case of general negligence, the housekeeping company is responsible:

If it's a big responsibility, then the babysitter is also responsible. After it is determined that the nanny has committed gross negligence, the housekeeping company can first advance the compensation amount, and then the housekeeping company will pursue the responsibility of the nanny.

Legal basis

Civil Code of the People's Republic of China

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. 、

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

Article 1189:Where a person who lacks or has limited capacity for civil conduct causes harm to others, and the guardian entrusts guardianship duties to others, the guardian shall bear tort liability; If the trustee is at fault, he shall bear the corresponding responsibility.

If the old man falls at night, whether the nanny is responsible or not generally depends on the situation:

1. If the nanny is not around, the elderly accidentally fall, and the nanny is not responsible;

2. If the nanny is around and deliberately fails to act, or if the nanny intentionally causes a fall and the injury is serious, it can be prosecuted for the crime of intentional injury. If the perpetrator knows that his or her conduct will cause harm to the physical health of others, and hopes or allows such a result to occur, it constitutes the crime of intentional harm.

Actions that harm the body of others can take the form of either positive or negative omissions. The former such as punching and kicking, slashing, smashing, smashing, boiling water, etc.; In the case of the latter, if the nanny who is responsible for the personal safety of the person who is unable to take care of herself, such as young children and the elderly, does not bear the responsibility for the damage, the offence can be constituted. Acts that harm the body of others can be carried out not only by oneself, but also by using others such as minors and mentally ill persons, and can also be carried out by using domesticated animals such as poisonous snakes and wolf dogs.

Acts that damage the body of others can not only target the appearance of the person, causing the mutilation of external tissues or the destruction of appearance, but also target the inside of the human body, causing the destruction of internal tissues and organs, and hindering their normal functional activities.

Legal basisArticle 234 of the Criminal Law of the People's Republic of China.

Intentional injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Legal analysis: the cause of action can be determined according to the specific circumstances, how the contract between the housekeeping company and you stipulates the relevant matters, and if the nanny fails to fulfill the contractual obligations, you can claim liquidated damages; or if the elderly person is damaged due to the fault of the nanny, you can claim tort damages. Case-by-case analysis.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

After the employer assumes the liability for compensation, it can recover from a third party. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

Summary. Hello dear, the old man fell down + the nanny is a responsible pro. If the elderly person falls under the care of the nanny, generally speaking, if the nanny has negligent behavior while taking care of the elderly person, causing the elderly person to fall, then the nanny is responsible accordingly.

Is the old man responsible for falling down + nanny.

Hello dear, the old man fell down + the nanny is a responsible pro. If the elderly person falls under the care of the nanny, generally speaking, if the nanny has a negligent behavior while taking care of the elderly person at the head of the bridge, causing the elderly person to fall down, then the nanny should bear the corresponding responsibility.

Related information: The elderly themselves are in poor physical condition, such as frequent fainting, inconvenience of legs and feet, etc., and the fall is caused by physical reasons rather than the fault of the nanny, so it is not stupid that the nanny will not bear the responsibility of the bridge in law.

In the afternoon, the old man and the nanny were in the living room together. The nanny sat far away from the old man and played with his mobile phone, the old man was 87 years old, and he had Alzheimer's disease, and after getting up, he immediately fell, his head fell on the edge of the wall, and his head was immediately ruined.

This is a pro who needs to be responsible.