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If the air conditioner is installed low, it hits someone, and then, if you find the police or some personnel, you will negotiate with you, solve it, and determine the plan.
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This problem is very simple to deal with, that is, the resulting loss is the responsibility of the property owner of the air conditioner or the owner of the air conditioner. It is recommended that you fix the evidence (taking pictures, seeking medical treatment, medical records, ** documents), and then report to the police or file a civil lawsuit with the people's court where the incident occurred to protect your legitimate rights and interests. Good luck!
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If you pretend to be low, you can't take the initiative to hit someone, and people don't see that they hit it. Is this different from touching porcelain? If there are relevant regulations for the installation of air conditioners, if the regulations are not fulfilled, the illegal installation of air conditioners is another matter. Consult a lawyer for details......
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At this time, it is necessary to find the relevant departments for coordination, or directly report to the committee for relevant coordination work, so as to be better and more scientific.
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You can find the local urban management department to be responsible for the city's appearance.
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If the air conditioner is installed low, you can find the police if you hit someone and hurt you, let the police hug them, and decide for yourself whether you should find a man.
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Whoever this air conditioner belongs to, which unit or private home you are looking for.
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The air conditioner is installed low, and someone is injured, which department to find to solve this can go to the property first?
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Legal analysis: It depends on the installation master that the owner finds outside or the installation master sent by the air conditioning business. If it is a master who finds it himself, then the owner needs to bear the liability for compensation. If it is a master sent by an air-conditioning business, the owner is not responsible.
If the person who installs the air conditioner and falls and injures himself is the air conditioner installation company, is employed by the installation company, and the air conditioner user has an agreement with the installation company, the employer who uses the air conditioner bears only moral responsibility, and the main responsibility is borne by the installation company and the installer himself.
However, in the process of air conditioning installation, as the "employer" who uses the air conditioner, it is the responsibility and obligation to remind the air conditioner installer of the non-standard operation and fulfill the obligation to remind.
Legal basis: Civil Code of the People's Republic of China
Article 1191: Where the staff of an employer causes harm to others as a result of performing their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.
Article 1192:Where a labor service relationship is formed between individuals, and the party providing the service causes harm to others as a result of the service, the party receiving the service bears 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 service suffers damage due to the service, it 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 labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.
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This is a work safety accident, and it cannot be said that there is no responsibility, just like if you hire someone to drive a car and cause a traffic accident. If there is joint and several liability, under normal circumstances, whether it is in morality or law, it is necessary to break the fortune and eliminate the disaster, even if it goes to the court, the liability accident is 50%, even if he does not have a seat belt. That is, it is your responsibility to warn and stop it.
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Just give love, go to the hospital to see. He pays for the medical expenses himself, and he doesn't have any safety awareness at all, and he still does the installation? Why can't they afford his insurance?
If you don't smash it today, if it falls down one day and hits passers-by, that's your family's responsibility. In the future, this kind of work will invite professionals, and it will not be much more expensive.
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There is a certain degree of joint and several liability.
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How did you solve this matter in the end, I have the same thing as you, and he stepped on someone else's air conditioner and fell, and broke someone's air conditioner, and now the neighbor is asking me to compensate for the new air conditioner, and the security committee has also sealed my house.
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It matters, because this accident happened in your home, and I feel that I should pay for some medicine first, and this matter will be solved later.
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Legal analysis: This is a contract of contract, the contractor should be liable, and the contractor is not liable if there is no fault.
Legal basis: Article 1193 of the Civil Law of the People's Republic of China Article 1193 If the contractor causes damage to a third party or his own damage in the process of completing the work of Xiaoxiao Huaicheng, the contractor shall not bear tort liability. However, if the person who made the order is at fault for the order, instruction or selection, he shall bear the corresponding responsibility for calling the cherry blossoms.
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Legal analysis: It should be judged on a case-by-case basis.
Legal basis: Article 1165 of the Civil Code of the People's Republic of China: If the actor infringes on the civil rights and interests of other Zhaotan people and causes damage due to his fault, he shall bear tort liability.
Where it is presumed that the perpetrator 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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The employer is responsible for the fall and injury of the master of the air conditioner.
According to the relevant laws and regulations, the employer shall be liable for compensation for personal injury suffered by an employee in the course of employment activities. If a third party outside the employment relationship makes a 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 process of filing a lawsuit with the court in the event of an accidental injury accident in an air conditioner installation is as follows:
1. Prepare civil pleadings;
2. Go to the people's court with jurisdiction to file a lawsuit and submit relevant evidence;
3. Attend and participate in litigation activities on time in accordance with the notice of the people's court;
4. If you are not satisfied with the first-instance judgment or ruling, you should file an appeal with the original people's court or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.
In summary, it is the employer's responsibility to fall and injure the homeowner by an aircon repairman. If the worker is damaged due to the maintenance of the air conditioner, the homeowner is the employer and needs to bear the food, medical expenses, transportation expenses, etc., and the employer and the work-related injury insurance shall be responsible for the work-related injury, and the third party shall be responsible for the infringement of the third party if the third party is injured due to the infringement of the third party, and the worker shall be responsible for the intentional fall and injury.
Legal basis]:
Article 38 of the Social Insurance Law of the People's Republic of China.
The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Food subsidy for living in Yuanzheng Hospital;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy that should be enjoyed when the labor contract is terminated or terminated;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Drunk driving is treated as drunk driving, to see whether it is dangerous driving, that is, whether the alcohol test report is more than 80, less than 80, it should be fined plus detention and suspension of the driver's license for six months, more than 80 may be sentenced to less than six months of criminal detention. Thank you.
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