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This needs to depend on the situation at the time, if the nanny is not around, the elderly accidentally fall, and the nanny is not responsible, if the nanny is around the deliberate omission or the nanny deliberately caused the fall and the injury is serious, it can be prosecuted for the crime of intentional injury. The perpetrator knows that his or her actions will cause a result that is harmful to the physical health of another person, and wishes or allows such a result to occur, which constitutes the crime of intentional injury.
Legal analysisActions 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, is not responsible, this crime 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. In short, whether it is committed directly or indirectly, and no matter what part it is directed at, or what method it takes, as long as it is intentional and can cause harm to the personal health of others, it can constitute this crime.
Legal basisCriminal Law of the People's Republic of China》 Article 234 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.
Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given. Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.
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The question is too vague. Although it is said to be a nanny, it is impossible to be able to guard it 24 hours a day, and there are many kinds of nannies due to the different nature of their work. Housework, nursing, confinement nanny, etc.
The first thing that needs to be clarified in this matter is whether the nanny is present when the old man is wrestling; What are the causes of falls in older people; What is the physical condition of the elderly themselves.
If the elderly fall during the time period when the nanny should be cared for, they need to bear some responsibility. But if the nanny is not there, for example, when the elderly fall down during the time period when they go grocery shopping, cleaning, going to the bathroom, etc., the nanny is not responsible.
The questioner's question is too casual to be answered well.
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If it is under the care of the nanny and the head is broken, then the nanny must have a fixed responsibility, and if the old man insists on doing something, it is the responsibility of the old man.
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Hello friends! I think the nanny has a certain responsibility, however, the old man's wrestling depends on the specific situation, it can only be said that the nanny is not well taken care of, we also have to understand the nanny, as long as the nanny is not intentional.
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Of course, there is responsibility, if the nanny is doing other things, the old man falls down and blames the nanny, then it is also a little aggrieved, as long as the nanny is not derelict in her duties and injured, you can forgive and treat.
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Case-by-case analysis.
If the nanny hired is full-time to take care of the elderly and does not undertake any other housework, so that the elderly fall, the nanny has an unshirkable responsibility.
If the nanny in addition to taking care of the elderly, but also take care of the street to buy vegetables, laundry and cooking, cleaning, watering flowers and greening and other housework, speaking with a conscience, the old man fell down can not blame the nanny, after all, no one has three heads and six arms will be what kind of doppelganger, one person is used for several people.
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Look at the monitoring, after all, it doesn't feel good to have wronged others, or the old man is not forgetful, and if he is dementia, he can ask him, and he won't lie to you.
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In this case of the elderly, the nanny is responsible, but it is a matter of the size of the responsibility, the specific situation should be analyzed specifically, and we must also understand the nanny, the nanny is not intentional.
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Of course, there is responsibility, because the responsibility of the nanny is to take care of the elderly, and the responsibility of the elderly to break a bone during his care is even greater.
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If you ask this nanny to come and take care of the old man, and the old man falls, it means that the nanny is responsible for improper care.
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The old man fell and broke his head, and the nanny must be responsible, because hiring a nanny is to hope that he can take care of the old man at home. Now that the old man himself is injured, the nanny is of course responsible.
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The old man fell and broke his head, whether the nanny is responsible for the need to be treated differently, the most important thing is to investigate clearly! Then again, babysitters are responsible, but there are big and small responsibilities!
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Since the nanny is hired to take care of the elderly, the nanny must be responsible. But not legal responsibility, but moral responsibility.
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You also have to look at this separately, is it a lack of care? It's still really uncontrollable, anyway, everyone understands each other.
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Legal Analysis: Whether the nanny needs to be compensated depends on whether the nanny is at fault, and if the nanny is intentional or negligent (including negligent negligence and overconfident negligence), the nanny shall be liable for damages equivalent to her fault.
Legal basis: Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to fault and causes harm, he 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.
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Summary. There is responsibility, and the seriousness of the responsibility is determined according to the circumstances, and if it is intentional, it creates the crime of intentional wounding.
There is responsibility, and the seriousness of the responsibility is determined according to the circumstances, and if it is intentional, it creates the crime of intentional wounding.
Bao Namu was the first person responsible for his safety during the period of taking care of the child, and he was responsible for safety protection, and the child's fall and injury were caused by his failure to fulfill his responsibilities, so he was the most responsible. The nanny and the employer are related to the labor service, because the nanny failed to perform her duties and caused the child to fall and injure herself, she should bear the main responsibility.
Bao Namu was the first person responsible for his safety during the period of taking care of the child, and he was responsible for safety protection, and the child's fall and injury were caused by his failure to fulfill his responsibilities, so he was the most responsible. The nanny and the employer are related to the labor service, because the nanny failed to perform her duties and caused the child to fall and injure herself, she should bear the main responsibility.
If a child is injured due to gross negligence, the employer may also require the domestic service company to bear joint and several liability in addition to the liability of the nanny.
If a child is injured due to gross negligence, the employer may also require the domestic service company to bear joint and several liability in addition to the liability of the nanny.
If the child is seriously injured, you can sue the babysitter and ask the babysitter to compensate for the loss of medical expenses.
If the child is seriously injured, you can sue the babysitter and ask the babysitter to compensate for the loss of medical expenses.
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Legal analysis: ask the nanny to take care of the child, the nanny is responsible for the child's fall injury, the nanny is the first person responsible for his safety during the period of taking care of the child, and has the responsibility of safety protection, and the child's fall injury is caused by his failure to fulfill his responsibility, so the responsibility is the greatest. The nanny and the employer have an employment relationship, and because the nanny failed to perform her duties and caused the child to fall and injure herself, she should bear the main responsibility.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Hello, it is a pleasure to serve you and give you the following answer: the nanny should be responsible for taking care of the elderly wrestling. It is the responsibility of the nanny to ensure the safety of the elderly and should be held accountable if they accidentally fall.
First of all, the nanny should try her best to avoid the elderly from falling, and if a fall occurs, they should give emergency abrasive care in time and notify the family or hospital in time to ensure the safety of the elderly. The nanny should be responsible for compensating the elderly for their losses, and if the elderly are injured, they should be held liable and compensate for the elderly's medical expenses and losses. Finally, nannies should improve their sense of responsibility and strengthen the care of the elderly to ensure their safety.
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