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Anonymous users2024-02-07There is no uniform standard, it depends on the factual process, the degree of disability, etc.
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Anonymous users2024-02-06It should be seen as a level of disability, and then the claim should be made according to the standard.
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Anonymous users2024-02-051. If the property is damaged due to product defects, the victim may request the person responsible for the product to restore and repair the original state, and if it cannot be restored, it shall be compensated at a discount according to the loss.
2. The actual value of the property directly damaged, if the product quality defect causes damage, the amount of compensation for the directly damaged item should be calculated according to the actual value, such as: eighty percent of the new color TV, the original price is 5000 yuan, then it can only be compensated according to 4000 yuan.
3. Other economic losses other than directly damaged items.
For example, if the room ** is caused by the leakage of the electric fan, and the room is in the hotel, in addition to the property that was actually burned, the loss of business income due to the inability to use it as a hotel should also be included as a loss and compensation can be claimed.
4. The money and property spent to deal with the incident, including the income from lost work, transportation expenses, appraisal fees and other necessary expenses.
1. How to bear responsibility for product defects.
Liability for product defects is tort liability, and the victim can claim compensation from the manufacturer of the product or from the seller of the product. If it is the responsibility of the producer of the product, and the seller of the product compensates, the seller of the product has the right to recover from the producer of the product. It is the sole responsibility of the seller of the product, and if the producer of the product compensates and the producer of the product compensates, the producer of the product has the right to recover from the seller of the product.
2. What is the tort liability for product defects that endanger the personal and property safety of others?
1. If the personal and property safety of others is endangered due to product defects, the infringed party has the right to require the producer or seller to bear tort liabilities such as removing obstacles and eliminating dangers. The infringed party shall pay attention to the following issues when requesting the producer or seller to bear the tort liability for removing the obstruction:
1. The obstruction must be unlawful. Whether or not the obstructor subjectively foresees the consequences of the obstruction does not affect the request made by the infringed party. However, if the obstruction is lawful, i.e., the proper exercise of rights, the obstructor may refuse the request of the parties.
2. Obstructions can be either already occurring or likely to occur. The infringed party has the right to request the exclusion of not only the obstruction that has already occurred, but also the obstruction that has not yet occurred but is indeed likely to occur.
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Anonymous users2024-02-04Legal analysis: The damage caused by the product defect shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc., as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
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 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred to increase his or her living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, living expenses of dependents, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the compensation for the death balance, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
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Anonymous users2024-02-03If the damage is caused by a defect in the product, the infringed party may claim compensation from the manufacturer of the product or the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.
The following is a detailed answer to the question of who can claim compensation for damage caused by product defects.
1. Who can claim compensation for damage caused by product defects?
1. If the product is damaged due to product defects, the infringed party may request compensation from the manufacturer of the product or the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.
2. Legal basis: Civil Code
Article 1202: If a defective product causes damage to others, the manufacturer shall bear tort liability.
Article 1203.
If the defective product causes damage to others, the infringed party may claim compensation from the manufacturer of the product or from the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.
Second, the manufacturer does not have to be responsible for product defects
1. The product has not been put into circulation;
2. When the product is put into circulation, the defect causing the damage does not exist;
3. The scientific and technological level of the product when it is put into circulation cannot find the defects;
4. The damage was caused by the victim's intent or gross negligence.
In the case of losses caused by product defects, the scope of compensation should first be specifically determined, which is divided into compensation for personal injury and compensation for property loss, and the compensation is different under different circumstances. However, in some cases, even if the product defect causes damage to consumers or others, the product manufacturer is not liable for compensation at this time. Hope the above can be helpful to you.
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