I repair my own house and break my leg because of the contractor s own reasons, what responsibility

Updated on society 2024-04-24
32 answers
  1. Anonymous users2024-02-08

    Bear joint and several liability, however, if you are in the form of contracted labor and materials, you can be exempted from liability, but based on the principle of justice and humanitarianism, you will be awarded a symbolic part of the costs.

  2. Anonymous users2024-02-07

    This is a dispute over the liability of the provider of labor services, and can be found in Article 35 of the Tort Liability Law, which stipulates that if the party providing the labor services suffers damage to itself, it shall bear the corresponding liability according to the respective faults of both parties. That is to say, it is necessary to comprehensively assess the on-site situation, divide the responsibilities according to the fault of both parties, and determine the compensation.

  3. Anonymous users2024-02-06

    It must be joint and several liability.

    It also depends on the specific provisions of the contract you sign and whether there is an exemption agreement.

    If there is an exemption, then you are not liable. Not responsible.

    If there is no waiver agreement, then you will be jointly and severally liable.

    Good luck.

  4. Anonymous users2024-02-05

    You should be liable for compensation, because you have not formed a valid contract, you have a verbal agreement, if the contractor does not pursue it, you will not be liable, if you are held accountable, you need to bear some responsibility, you can negotiate and settle.

  5. Anonymous users2024-02-04

    If the contractor has registered the company, the contractor himself shall be primarily responsible, and you shall be secondarily responsible, and if the contractor has not registered the company, you shall be primarily responsible for all medical expenses, and the disability shall be supervised after medical treatment, according to the disability.

    and other disability levels for compensation.

  6. Anonymous users2024-02-03

    Your question is controversial in law, first of all, the determination of the legal relationship, one is that you and the contractor have a contractual relationship, check whether the contractor has the relevant qualifications, the content of the contract. However, in any case, the employer shall be jointly and severally liable at this time. This is a way of saying that you are the employer, the contractor is the employee, you are a partnership with each other, and then you have to take full responsibility.

    There are also two theories in past cases, and I prefer the latter in your case.

  7. Anonymous users2024-02-02

    For unnecessary trouble, you should pay for medical expenses and nutrition expenses to him. While most of the blame lies with him, he is building your house after all. One of us here is also going to help people build houses.

    Then he fell down from the place where he was built to the height of the third floor, and then fell to his death, and then the main house. It is also a loss for funeral expenses. Although the responsibility is on him, we still have to compensate him for morality.

  8. Anonymous users2024-02-01

    First of all, I want to say that you will definitely have responsibility, that is, territorial responsibility, and if it is big, it is the main responsibility. Repair the house for your family, you have the responsibility of safety supervision, if it is not safe, you can prohibit them from construction, since there is a contract, it will be done in accordance with the contract, and you will negotiate to solve it, so as not to sue for the law.

  9. Anonymous users2024-01-31

    You are not responsible, but after all, it is to repair the house for you, as every person with a conscience, you must go to visit, meet anyone who can't get by, let alone the person who repairs the house for you, if the manager allows, give him the help he can, visit him a few times, I hope he can get better as soon as possible.

  10. Anonymous users2024-01-30

    Let's put it this way, if a worker under the contractor is injured, the contractor should be responsible for compensation. But if the contractor himself is injured, because he has a contractual relationship with you and is repairing the house for your family, you will definitely be held responsible.

  11. Anonymous users2024-01-29

    I don't think you said anything about this in your verbal agreement, and I don't think it has anything to do with the contractor's own injury, but out of humanitarianism, you can also compensate him for a little medical expenses, and the main thing not mentioned in the agreement is that it is okay to compensate, and it is okay not to compensate.

  12. Anonymous users2024-01-28

    If it is a live bag for others, you do not need to be responsible for any responsibility, the safety is in his own hands, if it is his own worker who breaks the contract foreman is responsible, it has nothing to do with you.

  13. Anonymous users2024-01-27

    Bear the responsibility of humanitarianism, and if the economic conditions are good, the compensation part can be given in a humanitarian spirit.

  14. Anonymous users2024-01-26

    You don't have to be responsible, but after all, it happened in your family, and you can buy something to see him out of humanitarianism, or if you are a couple who can afford it, you can pay some condolences.

  15. Anonymous users2024-01-25

    You don't need to be responsible for breaking your leg because of the contractor's own reasons. Out of humanity, you can just care and visit.

  16. Anonymous users2024-01-24

    If it was a contractor, the worker was injured. There is a contractor in charge. Wrap wood, you have a contract for yourself to be injured. There must be some responsibility.

  17. Anonymous users2024-01-23

    You are indirectly responsible and are partly responsible, but not primarily.

  18. Anonymous users2024-01-22

    You don't need to be responsible, but after all, it happened in your home, and it wouldn't be good if you didn't do anything, and out of humanitarianism, you can visit or give some condolences or something within your ability.

  19. Anonymous users2024-01-21

    In this place, you are almost not responsible, because the work-related injury is the responsibility of the worker's institution, and it should be the responsibility of the contractor or the contractor, and you give some money as personal love.

  20. Anonymous users2024-01-20

    This must be more or less responsible, because after all, it is a decoration, and your house, and the relationship between you and the contractor is also considered an employment relationship, so you must be responsible, and I feel that 20% of the responsibility is needed.

  21. Anonymous users2024-01-19

    You are in an employment relationship, and you have to take part of the responsibility. The specific division of responsibility depends on who is more at fault and whose economic strength is greater in this incident.

  22. Anonymous users2024-01-18

    You have to take some responsibility and give some financial compensation.

  23. Anonymous users2024-01-17

    It depends on how you sign the contract with him, if no matter what accident happens, it has nothing to do with you, this matter has nothing to do with you, it is just working for you, you can go to see others out of humanity, according to your actual situation, how much money you can have.

  24. Anonymous users2024-01-16

    You are not responsible, you are in a relationship of employment, but you are in a humanitarian position to visit, and cared for. Express condolences.

  25. Anonymous users2024-01-15

    Because you are the proprietor, it is the relationship between employment and employment, and he is injured in the line of duty, which belongs to the category of work-related injuries, and you must be responsible.

  26. Anonymous users2024-01-14

    As long as it is a contractual relationship, you are more or less responsible, and it is in your home, out of humanitarianism, you can't see death without help, sell some gifts and wrap a red envelope to visit.

  27. Anonymous users2024-01-13

    Repair the house at home, because of the contractor's own reasons. What am I responsible for breaking my leg? I'm fully responsible.

  28. Anonymous users2024-01-12

    You have a legal obligation, and you are also responsible for not signing a contract, which is to protect the rights of migrant workers.

  29. Anonymous users2024-01-11

    Summary. Hello, no responsibility. If the worker is injured, the contractor should be responsible for compensating for all the losses, and the homeowner, as the customizer, is not responsible.

    This is because the relationship between the worker and the contractor is an employment relationship, and the relationship between the contractor and the homeowner is a contractual relationship. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Article 10 If the contractor causes damage to a third party or causes damage to itself in the process of completing the work, the contractor shall not be liable for compensation.

    However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation. 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.

    The rural house repair contract was given to the contractor foreman, but a worker fell and was injured, is the homeowner responsible?

    Hello, no responsibility. If the worker is injured, the contractor should be responsible for compensating for all the losses, and the homeowner, as the customizer, is not responsible. This is because the relationship between the worker and the contractor is an employment relationship, and the relationship between the contractor and the homeowner is a contractual relationship.

    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Article 10 If the contractor causes damage to a third party or causes damage to itself in the process of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation.

    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.

    Dear, if my help to you, please give me a thumbs up, thank you!

  30. Anonymous users2024-01-10

    Legal analysis: Specific analysis of specific issues, according to whether the contractor foreman has contracting qualifications, there are two situations: if the contractor is qualified, the worker is injured, and the homeowner is exempted.

    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 6: Medical expenses are to be determined on the basis of receipts for medical expenses, hospitalization fees, and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

    The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

  31. Anonymous users2024-01-09

    Legal analysis: It is necessary to analyze the specific circumstances of the case. Bear the liability for compensation according to the size of the fault, and it is recommended to negotiate first, and if the negotiation fails, it will be resolved through litigation.

    In the event of a death caused by labor, compensation is required according to the degree of fault of both parties. It is necessary to see if there is a causal link between the death and the work, and if there is no causal link, there is no need to be liable.

    Legal basis: "Civil Code of the People's Republic of China" Volume 1 Qing Ting 1192 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 tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence.

    If the party providing the labor service suffers damage due to the labor service, the state shall bear the corresponding liability according to the fault of both parties.

    During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing the labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving the labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

  32. Anonymous users2024-01-08

    The workers bear their own part, and the contractor is the main responsibility.

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