Should the air conditioner buyer bear part of the loss if he fell to his death while installing an a

Personally, I think that the installation of outdoor air conditioning host, such a dangerous aerial work, must choose experienced professionals to complete, the buyer or do not advocate to hire workers to do, it is best for the manufacturer to send someone to install, in this case, the buyer basically does not have to bear any responsibility.

At present, most of the workers who install air conditioners are arranged by air conditioning manufacturers or supermarkets. A small percentage of the workers who buy air conditioners come from their own homes. In both cases, the responsibility for buying an air conditioner is different.

1. Air conditioners are sent by air conditioning manufacturers or supermarkets to install air conditioners.

Now China's air conditioning manufacturers, after years of fierce battles, there are not many air conditioning brands, these large manufacturers have their own maintenance points in some cities, or cooperative maintenance points. Once the buyer has purchased the air conditioner, the supermarket will deliver it to the buyer's home and then hand over the installation to the manufacturer's personnel.

2. Some installers are sent from supermarkets.

Whether it is sent by the supermarket or arranged by the manufacturer, these workers are quite professional. The buyer doesn't care if these workers are certified or trained. They just need to tell them that the air conditioner is installed in **. Of course, these workers can also make suggestions on where to install the air conditioner.

If these workers fall during the installation of the air conditioner, the person who bought the air conditioner is not responsible. Since there is no new legal relationship between the buyer and these workers, such as hiring or commissioning the installation, these workers are arranged by the manufacturer or the supermarket, and they are incidental obligations to the purchase of air conditioners, so the buyer is not liable.

3. Buyers hired by the workers themselves.

If the buyer buys an air conditioner of various brands or an air conditioner bought in a small store, no one is responsible for the installation, or there is a charge for the installation. In this case, the buyer hires two workers on the street or finds a maintenance worker who knows him to install. In this case, if the worker falls and dies, the buyer should be liable.

Since these workers have formed an "employment relationship" with the home buyers, the home buyers, as employers, must bear certain responsibilities in the event of labor accidents.

Under normal circumstances, due to the operator's own mistake, the death of the air conditioner must not be related to the buyer, in this case, the buyer does not need to be responsible, because the buyer has already paid the cost of installing the air conditioner. However, if it is the buyer's fault that caused the death of the person who installed the air conditioner, then he must be responsible.

No. The cost of installing air conditioning is already included in the cost of working at height. Working at height is very dangerous, and the company should buy insurance for these workers and train them accordingly.

The buyer should not bear part of the loss. Because the air conditioner was not installed by the buyer himself, the buyer did not harm the person who installed the air conditioner.

This should be carried out in strict accordance with the law and the specific responsible parties, although the worker does not have a direct relationship with the buyer to install the air conditioner, but also bears indirect responsibility in the accident.

If an air-conditioning installer falls from a building, the liability for compensation for losses should be discussed one by one.

When the customer buys an air conditioner from a shopping mall or supermarket as a buyer, a sales contract is formed with the seller.

legal relations; In real life, the vast majority of manufacturers or shopping malls will promise after-sales service such as pipe installation and maintenance, so this is an ancillary obligation to fulfill the sales contract.

When the shopping mall arranges its own workers to enter the home to complete the installation operation, the labor contract relationship between the worker and the shopping mall is a duty act of performing the installation of air conditioning, and a fall occurs resulting in a personal accident.

The nature of the case should be a work-related injury or work-related death.

In this case, the buyer shall not be legally liable.

Work-related injury insurance has been paid, in accordance with the Regulations on Work-related Injury Insurance.

stipulates that the social security institution shall perform the compensation; If the worker is unable to receive compensation for the failure to pay work-related injury insurance, the shopping mall shall bear the obligation to pay compensation.

The installer is a third-party worker directly employed by the mall, so this situation is a labor relationship.

Tort Law.

Article 35 stipulates that 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 service shall bear tort liability. If the party providing the labor service suffers damage due to the labor service, Genhong Bu shall bear the corresponding liability according to the respective faults of both parties.

Under the premise of constituting a labor relationship, in the event of an accident, the responsibility shall be divided between the mall and the third-party worker according to the fault. In this case, the buyer does not have to worry about being held responsible.

Then let's look at the third situation, after the owner buys the air conditioner by himself, he hires workers to install, move, or repair the machine, and the owner and the installation workers form a personal labor relationship before. It depends on whether the workers and masters hired by the owner have undergone standardized professional training and whether they have the qualifications for aerial work.

In addition, whether our owners provide safe construction conditions and reliable safeguard measures for workers at home, and whether there are specific instructions for workers and masters in the specific installation process, and affect the independent operation of workers. All of these factors will have an impact on the owner's responsibility. As long as the owner is at fault and falls from the building, he will bear the corresponding liability in accordance with the Tort Liability Law.

The following will teach you tricks: first, when the owner directly selects the installation worker, he should choose a worker with rich construction experience and installation and operation qualifications to prevent safety accidents; Second, choose a professional installation company to install, so that it can choose to send professional workers to carry out the installation operation, so that you and the workers will not have any legal relationship including employment, the legal risk will be greatly reduced, and the liability for loss compensation can be completely avoided.

Yes, it is because the installer is installing an air conditioner in this home when an accident occurs, so this buyer is jointly and severally liable.

No, you don't. It's because the person who bought the air conditioner has nothing to do with this matter, and it's because the installer accidentally fell down, so he doesn't have much to do with the person who bought the air conditioner.

There is definitely a need to take responsibility. Because installers are also bought and hired. If such a thing occurs during installation, it is actually a work-related injury.

It must be necessary to bear the relevant obligations, because the assembler is also buying the equipment for employment, and the moment such an incident occurs, in fact, it is also a work-related injury.

The issue of compensation for the homeowner who died after installing the air conditioner is borne by the employer, i.e., the homeowner, and whether the homeowner is at fault. If the homeowner has a duty of care at the time of installation and there is no fault on the part, no compensation is required. If the homeowner fails to fulfill his duty of care and safety, he or she will need to pay compensation.

[Legal basis].Article 1193 of the Civil Code.

If the contractor causes damage to a third party or its own damage in the process of completing the work, the contractor shall not bear tort liability. However, if the person making the order is at fault for the ordering, instruction or selection, it shall bear the corresponding responsibility.

Article 1165.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

In this case, there is no legal relationship between the installer and the buyer, but rather a labor or employment contract with the seller of the air conditioner. If an accident occurs during the installer's regular installation work, the air-conditioner seller will be legally responsible, and the buyer will not have any legal liability.

According to the general life facts, after the buyer buys the air conditioner in the mall, the installation is arranged by the merchant. In this case, Amelie argued that there was no legal relationship between the air conditioner installer and the buyer. This is because, when the buyer purchased the air conditioner, it had already paid the consideration for the purchase of the air conditioner as agreed.

Corresponding to the consideration, the merchant must not only deliver the air conditioner as agreed, but also install the air conditioner as agreed. In this case, there is no legal relationship between the buyer and the person who installed the air conditioner. In this case, the buyer is not legally liable for the injury accident of the air conditioner installer.

According to Article 10 of the Interpretation on Compensation for Personal Injury, if the contractor causes damage to a third party or causes its own damage in the course 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.

For example, during the installation process, the buyer requires the installation of the air conditioner at a specific location and ensures that the guardrail at the location is firm, but finally the guardrail is damaged and the installer falls from the building, then the air-conditioning buyer needs to bear the liability for compensation.

If, during the installation, the buyer is at fault, he shall be liable for compensation within the scope of the fault. For example, the buyer provides an unstrong rope that causes a high fall, conceals a known safety hazard, helps to do something and ends up being unhelpful, or the buyer forces an illegal operation and causes an accident.

In fact, in our daily life, when we find someone to relocate the old air conditioner, we generally establish a contract relationship with the air conditioner installer. At this time, under normal circumstances, the air conditioner is also at his own risk.

However, if the owner is at fault in the selection of the air-conditioning installer, or if there is a fault in the instruction of the air-conditioning installer in the course of work, he will also be liable. At this time, we are required to choose air conditioning installation workers through formal channels, select qualified installers, and try not to make inappropriate instructions in the process of air conditioning relocation, so as to avoid the corresponding risks.

The installation of air conditioning is included in the service guarantee of the air conditioning business, and this kind of situation is through the air conditioning business to hire installation workers to provide door-to-door service for customer service, which is actually a labor contract between the installation worker and the air conditioning business, so the accident that occurs is that the air conditioning business is responsible for certain legal provisions, so the customer has no legal basis. If the first air conditioner customer immediately finds the installation worker to install the air conditioner for himself, the law and regulations will form the labor service relationship between the first air conditioning customer and the installation worker.

In that case, if there is an accident, the air conditioner customer needs to bear a certain legal basis. Generally, the service pants of the air conditioning business are guaranteed to include the installation of air conditioning. The buyer first receives the ** air conditioner, and then the merchant will contact the installer to provide door-to-door service to install the air conditioner for the buyer.

In this case, there is no legal fact between the installer and the consumer, but there is a labor contract with the first air conditioning business. If there is an accident in the installation worker in the implementation of basic assembly work, the air conditioning business is responsible for certain legal provisions, and the customer does not need to rely on all laws and regulations.

If the buyer of the air conditioner is at fault in the installation of the air conditioner, he must bear a certain amount of responsibility. For example, if you buy an air conditioner and tell you to install an air conditioner, the wire rope can be tied to a certain item, but in the case of installation, the item tied to the wire rope is broken, and the wire rope falls down, resulting in a fall injury to the installation of the air conditioner. In such a Hu Xun case, the person who buys the air conditioner must bear a certain amount of responsibility according to his fault.

The installer is a third-party employee immediately hired by a large shopping mall, so such a thing falls under the employment relationship.

Article 35 of the Tort Liability Law requires that if an employment relationship arises between individuals, and the party providing labor services causes harm to others due to the labor service company, the party that accepts the labor service company shall bear the liability for compensation. If the party providing the service is affected by the service company itself, it shall bear the corresponding obligations according to the fault of each other.

In the case of an employment relationship, in the event of an accident, it is reasonable to carry out the zoning obligation on the basis of the fault of the market and the third-party employee. For such a thing, the buyer does not have to worry about being held responsible.

Probably not. It would be unfair if the buyer was liable for an accident when the air-conditioning installation was completed only because of the purchase of the air conditioner.

The buyer of the air conditioner also needs to bear part of the loss, because this problem only appeared when the air conditioner was installed for the family.

It is mainly decided on a case-by-case basis; If the staff who installed the air conditioner is commissioned by the air conditioner buyer himself, then the loss needs to be borne.

The air conditioner is installed by the seller, and the buyer is not responsible for the installer.

Funny! According to what you mean, if you have a car accident, do you have to find the manufacturer, seller, and driving school for compensation?

The safest way for the owner is to find a professional installation company in the Ming Ming, and the Qihuai stove industry will send employees to sell the New Year's clothing, and there is no employment relationship between the owner and the installation workers, and the accident is also the company's business.

The manufacturer pays the installation fee, and the manufacturer has installation specifications.

If the seller is responsible for the installation of the air conditioner purchased by the buyer, the buyer is not responsible for any personal disability at the time of installation. But if the buyer finds the installer to install the air conditioner, and there is a disability incident, the buyer in Buxu Town will have to bear part of the responsibility, so when hiring personnel to work at height, the buyer must pay special attention to it, and must ignore him, and be careful about this matter!