-
Hello, because your description is too simplistic to be accurate in your question, and can only be answered in the context of your basic personal experience.
If the victim accidentally falls off the car, the victim must be at fault, but it is not certain whether the driver is at fault, for example, the driver is unstable in driving, or drives to a depression on the uneven road, and the vehicle bumps and causes the vehicle to accidentally fall.
All in all, if the person driving is at fault, then there is responsibility, and if there is no fault, there is no responsibility.
-
Liability for injury to an employee is a tort liability. Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that "if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation, and if a third party outside the employment relationship causes the employee's personal injury, 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 law provides for this because in the employer's management of the employee, the employee performs the work for the employer and the employer is the beneficiary. Employers should exercise more care. Employees perform labor for the employer, and their interests belong to the employer, and the responsibility belongs to the employer in the first place.
Since the principle of no-fault liability applies to the employer's liability for the employee's compensation, the establishment of such liability does not need to examine whether the employer is subjectively at fault, that is, the employer is liable for the absence of fault, and even more so for the fault. The conditions under which the employer is liable are:
1. The victim must be an employee. 2. The victim needs to suffer damage in the course of the course of his employment. 3. The employer must have no reason for exemption.
-
The truck driver's employer is primarily responsible. 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.
-
Legal analysis: A person falls from a car and is injured, which is a traffic accident. The driver is definitely solely responsible.
If you don't take responsibility, you can go to court and sue. In the process of driving the motor vehicle, the driver must ensure that the goods and other items on the car are firm and safe, and cannot fall off the car. When a traffic accident occurs, the owner must turn on the hazard warning lights of the vehicle as soon as possible, and set up a hazard warning sign behind the car.
The advantage of this is to prevent a rear-end collision with a vehicle behind you, so as to ensure the safety of the people in the car and the vehicle itself. In addition to setting up warning signs, it is necessary to take pictures of the scene of the accident for evidence, which is the evidence of the accident to the insurance company, and the method of taking pictures before moving the vehicle is mainly to avoid the owner not recognizing the problem. Then fill in the corresponding accident rapid processing agreement, so that you can go to the damage assessment agency for vehicle damage assessment, so as to complete the corresponding maintenance and inspection work.
Legal basis: Article 7 of the Road Traffic Safety Law of the People's Republic of China Article 14 In the dispute over compensation for traffic accident damages, the parties may request the traffic management department of the public security organ to mediate, or they may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
-
Legal analysis: According to the law, natural persons, legal persons and other organizations engaged in business activities or other social activities shall bear the corresponding liability for compensation if they fail to fulfill their safety and security obligations within a reasonable scope and cause personal injury to others; Where the victim is also at fault for the occurrence of the damage, the tortfeasor's liability may be reduced.
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: Where natural persons, legal persons, or other organizations engaged in business activities such as lodging, catering, or entertainment, or other social activities, fail to fulfill their safety and security obligations within reasonable limits, causing others to suffer personal injury, and the compensation rights holder requests that they bear the corresponding liability for compensation, the people's courts shall support it.
-
According to the law, natural persons, legal persons, or other organizations engaged in the camping activities or other social activities shall be liable for compensation if they fail to fulfill their obligations to ensure the safety of the suspect within a reasonable limit, causing personal injury to others; Where the victim is also at fault for the occurrence of the damage, the tortfeasor's liability may be reduced.
Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries provides that where natural persons, legal persons, or other organizations engaged in business activities such as lodging, catering, entertainment, or other social activities fail to fulfill their obligations to ensure safety within reasonable limits, causing personal injury to others, and the person entitled to compensation requests that they bear the corresponding liability for compensation, the people's court shall support it.
Dreaming of a son falling from an ox cart and being crushed means: >>>More
Long nights, no sleep. Ximen blows snow early in the morning and follows the captain to walk on the grassy path, although it is not beautiful here, but it also has a unique flavor. It's a pity that happiness is always short-lived, in exchange for endless pain and sighs! >>>More
Cats will turn around in mid-air. And then soft landing!
When the fruit is ripe, the cells on the stalk begin to senesce, forming a so-called "layer" where the stalk joins the branch. The separation layer is like a barrier, cutting off the nutrients of the fruit tree**. In this way, due to the attraction of the center of the earth, the fruits have fallen to the ground.
In terms of the essence of the incident, it belongs to high-altitude throwing objects, because high-altitude throwing objects refers to throwing objects from a height, and currency belongs to objects, but this behavior does not constitute a violation, because only high-altitude throwing objects that bring personal injury or property damage to others constitutes an illegal act, and serious criminal responsibility should be investigated, but intentionally throwing RMB to cause damage or loss of RMB is also an illegal act. However, throwing objects in the air itself is an uncivilized behavior, in order to prevent children from throwing other things next time, their parents and children should be educated, and throwing coins will cause trouble to the recovery of the property, etc., and should be punished according to the relevant provisions of the property. >>>More